Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
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:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
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
Division 1
-
Preliminary
SECTION 3D
Application of Part
(1)
This Part is not intended to limit or exclude the operation of another law of the Commonwealth (including other provisions of this Act) relating to:
(a)
the search of premises; or
(b)
arrest and related matters; or
(c)
the stopping, detaining or searching of conveyances or persons; or
(d)
the seizure of things; or
(e)
the requesting of information or documents from persons.
History
S 3D(1) amended by No 116 of 2014, s 3 and Sch 1 item 41, by inserting
"
(including other provisions of this Act)
"
, effective 1 December 2014.
S 3D(1) amended by No 144 of 2005, s 3 and Sch 5 items 4 to 6, by omitting
"
persons or
"
before
"
premises
"
in para (a), inserting
"
or persons
"
after
"
conveyances
"
in para (c) and inserting para (e) at the end, effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.
(2)
To avoid any doubt, it is declared that even though another law of the Commonwealth (including other provisions of this Act) provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.
History
S 3D(2) amended by No 116 of 2014, s 3 and Sch 1 item 41, by inserting
"
(including other provisions of this Act)
"
, effective 1 December 2014.
(3)
(Repealed by No 64 of 2004)
History
S 3D(3) repealed by No 64 of 2004, s 3 and Sch 3 item 7A, effective 22 December 2004. S 3D(3) formerly read:
(3)
This Part does not apply to offences against the laws of the Australian Capital Territory.
(4)
This Part is not intended to limit or exclude the operation of a law of a Territory relating to:
(a)
the search of premises; or
(b)
arrest and related matters; or
(c)
the stopping, detaining or searching of conveyances or persons; or
(d)
the seizure of things; or
(e)
the requesting of information or documents from persons;
in relation to offences against a law of that Territory.
History
S 3D(4) amended by No 144 of 2005, s 3 and Sch 5 items 7 to 9, by omitting
"
persons or
"
before
"
premises
"
in para (a), inserting
"
or persons
"
after
"
conveyances
"
in para (c) and inserting para (e) after para (d), effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.
S 3D(4) amended by No 64 of 2004, s 3 and Sch 3 item 7B, by substituting
"
a
"
for
"
another
"
before
"
Territory relating to
"
, effective 22 December 2004.
(5)
This Part does not apply to the exercise by a constable of powers under the
Defence Force Discipline Act 1982
.
(6)
The application of this Part in relation to State offences that have a federal aspect is not intended to limit or exclude the concurrent operation of any law of a State or of the Australian Capital Territory.
Note 1:
Subsection
3(1)
defines
State
to include the Northern Territory.
Note 2:
Section
3AA
has the effect that an offence against the law of the Australian Capital Territory is a State offence that has a federal aspect.
History
S 3D(6) inserted by No 64 of 2004, s 3 and Sch 3 item 8, effective 22 December 2004.