Crimes Act 1914

Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:

Part IAA - Search, information gathering, arrest and related powers

Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:

Part IAA (heading) formerly read:

Part IAA - Search warrants and powers of arrest

Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:

Part 1AA - Search warrants and powers of arrest

Div 3A (heading) substituted by No 127 of 2010, s 3 and Sch 4 item 1, effective 25 November 2010. The heading formerly read:

Division 3A - Powers to stop, question and search persons in relation to terrorist acts

Div 3A inserted by No 144 of 2005, s 3 and Sch 5 item 10, effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.

Subdiv B inserted by No 144 of 2005, s 3 and Sch 5 item 10, effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.

S 3UF(1) amended by No 127 of 2010, s 3 and Sch 4 item 5, by inserting " or 3UEA " after " section 3UE " , effective 25 November 2010.

S 3UF(4) repealed by No 4 of 2010, s 3 and Sch 2 item 5, applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.

S 3UF(4) formerly read:

(4) Return of thing seized.  

The owner of a thing seized under section 3UE may request the return of the thing.

S 3UF(5) repealed by No 4 of 2010, s 3 and Sch 2 item 5, applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.

S 3UF(5) formerly read:

(5)
A police officer who is for the time being responsible for a thing seized under section 3UE must return the thing to its owner if:

(a) the owner requests the return of the thing; and

(b) neither subsection (6) nor (7) applies.

S 3UF(6) repealed by No 4 of 2010, s 3 and Sch 2 item 5, applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.

S 3UF(6) formerly read:

(6)
This subsection applies if the police officer suspects, on reasonable grounds that, if the thing is returned to the owner, the thing is likely to be used by the owner or another person in the commission of a terrorist act or serious offence.

S 3UF(7) repealed by No 4 of 2010, s 3 and Sch 2 item 5, applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.

S 3UF(7) formerly read:

(7)
This subsection applies if the thing is evidence of, or relating to, a terrorist act or serious offence.

S 3UF(9) repealed by No 4 of 2010, s 3 and Sch 2 item 6, applicable in relation to:

(a) a thing seized before, on or after 20 February 2010; and

(b) a document produced before, on or after 20 February 2010.

S 3UF(9) formerly read:

(9) Application to magistrate.  

If:

(a) the owner of a thing requests the return of the thing:

(i) within 90 days after the date of the seizure notice in relation to the thing; or

(ii) if subsection (2) applied in relation to the thing so that a seizure notice was not served - within 90 days after the day on which the thing was seized; and

(b) the thing has not been returned to the owner by the end of the 90th day;

the police officer who is for the time being responsible for the thing must, before the end of the 95th day:

(c) return the thing to the owner; or

(d) apply to a magistrate for an order under section 3UG .

S 3UF inserted by No 144 of 2005, s 3 and Sch 5 item 10, effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.