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S 3UG repealed by No 4 of 2010, s 3 and Sch 2 item 7, applicable in relation to: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 3UG formerly read:

SECTION 3UG Application to magistrate  
(1)
If subsection 3UF(9) applies, the police officer may apply to a magistrate for an order in relation to the thing.

(2)
The magistrate must, in determining an application by a police officer under subsection (1), allow the owner of the thing to appear and be heard.

(3)
If the magistrate is satisfied that the thing is evidence of, or relating to, a terrorist act or serious offence, the magistrate must order that the thing be retained by the police officer for the period specified in the order.

(4)
If the magistrate is satisfied that there are reasonable grounds to suspect 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, the magistrate may make any of the following orders:

(a) that the thing be retained by the police officer for the period specified in the order;

(b) that the thing is forfeited to the Commonwealth;

(c) that the thing is to be sold and the proceeds given to the owner;

(d) that the thing is to be otherwise sold or disposed of.

(5)
If the magistrate is not satisfied as mentioned in subsection (3) or (4), the magistrate must order that the thing be returned to the owner.

S 3UG 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.