Crimes Act 1914
View history note
Hide history noteScope
(1)
This section applies if a constable enters premises under a monitoring warrant.
Securing equipment
(2)
The monitoring powers include the power to secure any electronic equipment that is on the premises if the constable suspects on reasonable grounds that:
(a) there is relevant data on the premises; and
(b) the relevant data may be accessible by operating the equipment; and
(c) expert assistance is required to operate the equipment; and
(d) the relevant data may be destroyed, altered or otherwise interfered with, if the constable does not take action under this subsection.
The equipment may be secured by locking it up, placing a guard or any other means.
(3)
The constable must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:
(a) the constable ' s intention to secure the equipment; and
(b) the fact that the equipment may be secured for up to 24 hours.
Period equipment may be secured
(4)
The equipment may be secured until the earlier of the following happens:
(a) the 24-hour period ends;
(b) the equipment has been operated by the expert.
Note:
For compensation for damage to electronic equipment, see section 3ZZNF .
Extensions
(5)
The constable may apply to an issuing officer for an extension of the 24-hour period if the constable believes on reasonable grounds that the equipment needs to be secured for longer than that period.
(6)
Before making the application, the constable must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.
(7)
The 24-hour period may be extended more than once.
Note:
For the process by which an issuing officer may extend the period, see section 3ZZQA .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
