Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

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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 3N   Copies of seized things to be provided  

(1)    
Subject to subsection (2) , if a constable seizes, under a warrant relating to premises:

(a)    a document, film, computer file or other thing that can be readily copied; or

(b)    a storage device the information in which can be readily copied;

the constable must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.

(2)    
Subsection (1) does not apply if:

(a)    

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the thing that has been seized was seized under subsection 3L(1A) or paragraph 3L(2)(b) or 3LAA(4)(b) ; or

(aa)    

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the thing embodies data that was accessed under the warrant at a place other than the premises; or

(b)    possession by the occupier of the document, film, computer file, thing or information could constitute an offence.

[ CCH Note: S 3N(2) will be amended by No 93 of 2024, s 3 and Sch 1 item 25, by inserting para (aaa) after 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. Para (aaa) will read:

(aaa) the thing that has been seized is a digital asset or a thing that suggests the existence of a digital asset; or

]

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History

S 3N(2) amended by No 148 of 2018, s 3 and Sch 3 item 10, by inserting para (aa), applicable in relation to a warrant issued after 9 December 2018.

S 3N(2) amended by No 4 of 2010, s 3 and Sch 2 item 24, by inserting " or 3LAA(4)(b) " after " paragraph 3L(2)(b) " in para (a), applicable in relation to warrants issued on or after 20 February 2010.

S 3N(2)(a) amended by No 161 of 2001.

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