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
Divison 4C
-
Using, sharing and returning things seized and documents produced
History
Div 4C inserted by No 4 of 2010, s 3 and Sch 2 item 9, 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.
Subdivision A
-
Using and sharing things seized and documents produced
History
Subdiv A inserted by No 4 of 2010, s 3 and Sch 2 item 9, 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.
SECTION 3ZQV
Operating seized electronic equipment
(1)
This section applies to electronic equipment seized under this Part or moved under section
3K
.
History
S 3ZQV(1) amended by No 2 of 2011, s 3 and Sch 3 item 20, by omitting
"
from warrant premises
"
after
"
Part or moved
"
, applicable in relation to any warrant issued in relation to a person after 3 March 2011.
(2)
The electronic equipment may be operated at any location after it has been seized or moved, for the purpose of determining whether data that is evidential material is held on or accessible from the electronic equipment, and obtaining access to such data.
[
CCH Note:
S 3ZQV(2) will be amended by No 93 of 2024, s 3 and Sch 1 item 26, by inserting
"
, or whether data that suggests the existence of a digital asset that may be seized under a warrant,
"
after
"
evidential material
"
, 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.]
(3)
The data referred to in subsection
(2)
includes, but is not limited to, the following:
(a)
data held on the electronic equipment, including data held on the electronic equipment when operated under this section that was not held on the electronic equipment at the time the electronic equipment was seized;
(b)
data not held on the electronic equipment but accessible by using it, including data that was not accessible at the time the electronic equipment was seized.
(3A)
If the electronic equipment was seized under a warrant, subsection
(2)
does not apply to data that was generated after the expiry of the warrant.
History
S 3ZQV(3A) inserted by No 148 of 2018, s 3 and Sch 3 item 11, applicable in relation to a warrant issued after 9 December 2018.
(4)
If the electronic equipment was seized under a warrant or moved under section
3K
, the electronic equipment may be operated before or after the expiry of the warrant.
(5)
This section does not limit the operation of other provisions of this Part that relate to dealing with items seized under this Part or moved under section
3K
.
Note:
For example, this section does not affect the operation of the time limits in section
3K
on examination or processing of a thing moved under that section.
History
S 3ZQV(5) amended by No 2 of 2011, s 3 and Sch 3 item 21, by substituting
"
moved under that section
"
for
"
removed under that section from warrant premises
"
, applicable in relation to any warrant issued in relation to a person after 3 March 2011.
History
S 3ZQV inserted by No 4 of 2010, s 3 and Sch 2 item 9, 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.
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