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 2
-
Search warrants
SECTION 3M
Compensation for damage to equipment
3M(1)
This section applies if:
(a)
as a result of equipment being operated as mentioned in section
3K
,
3L
or
3LAA
:
(i)
damage is caused to the equipment; or
(ii)
damage is caused to data recorded on the equipment or data access to which was obtained from the operation of the equipment; or
(iii)
programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and
(b)
the damage or corruption occurs because:
(i)
insufficient care was exercised in selecting the person who was to operate the equipment; or
(ii)
insufficient care was exercised by the person operating the equipment.
[
CCH Note:
S 3M(1) will be amended by No 93 of 2024, s 3 and Sch 1 item 24, by inserting
"
subsection 3FA(7) or
"
before
"
section 3K
"
in para (a), applicable in relation to an application for a warrant under Division 2 of Part IAA made on or after 24 November 2024: (a) whether the conduct or offence to which the application relates occurred before, on or after 24 November 2024; and (b) whether property or other things to which the application relates were acquired or came into existence before, on or after 24 November 2024.]
3M(2)
The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.
3M(3)
However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a court of competent jurisdiction for such reasonable amount of compensation as the court determines.
3M(4)
In determining the amount of compensation payable, regard is to be had to whether any of the following persons, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment:
(a)
if the equipment was operated under a warrant issued in relation to premises
-
the occupier of the premises, or the occupier
'
s employees or agents;
(b)
if the equipment was operated under a warrant issued in relation to a person
-
that person, or that person
'
s agents.
History
S 3M(4) substituted by No 2 of 2011, s 3 and Sch 3 item 19, applicable in relation to any warrant issued in relation to a person after 3 March 2011. S 3M(4) formerly read:
3M(4)
In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier's employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.
3M(5)
Compensation is payable out of money appropriated by the Parliament.
(6)
For the purposes of subsection
(1)
:
damage
, in relation to data, includes damage by erasure of data or addition of other data.
History
S 3M substituted by No 4 of 2010, s 3 and Sch 2 item 23, applicable in relation to warrants issued on or after 20 February 2010. S 3M formerly read:
SECTION 3M COMPENSATION FOR DAMAGE TO ELECTRONIC EQUIPMENT
3M(1)
If:
(a)
damage is caused to equipment as a result of it being operated as mentioned in section
3K
or
3L
; and
(b)
the damage was caused as a result of:
(i)
insufficient care being exercised in selecting the person who was to operate the equipment; or
(ii)
insufficient care being exercised by the person operating the equipment;
compensation for the damage is payable to the owner of the equipment.
3M(2)
Compensation is payable out of money appropriated by the Parliament for the purpose.
3M(3)
In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.
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