Commonwealth act

Crimes Act 1914

In ForceCTH

Jurisdiction

Commonwealth

Act Number

12 of 1914

Collection

act

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154

Short title

1 Short title

Interpretation

3 Interpretation

3AA State offences that have a federal aspect

Operation of Act

3A Operation of Act

Arrangements with States, Australian Capital Territory and Northern Territory

3B Arrangements with States, Australian Capital Territory and Northern Territory

3BA Application of the Criminal Code

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

Interpretation

3C Interpretation

3CAA Account‑based data

3CA Nature of functions of magistrate

3D Application of Part

Division 2—Search warrants

3E When search warrants can be issued

3F The things authorised by a search warrant—general

3FA The things authorised by a search warrant—additional things for digital assets

3G Availability of assistance and use of force in executing a warrant

3H Details of warrant to be given to occupier etc.

3J Specific powers available to constables executing warrant

3JA Extension of time to re‑enter premises in emergency situations

Use of equipment to examine or process things

3K Use of equipment to examine or process things

Use of electronic equipment at premises

3L Use of electronic equipment at premises

3LAA Use of electronic equipment at other place

3LA Person with knowledge of a computer or a computer system to assist access etc.

3LB Accessing data held on certain premises—notification to occupier of that premises

3M Compensation for damage to equipment

3N Copies of seized things to be provided

3P Occupier entitled to be present during search

3Q Receipts for things seized under warrant or moved

3R Warrants by telephone or other electronic means

3S Restrictions on personal searches

3SA Relationship of this Division to parliamentary privileges and immunities

Division 3—Stopping and searching conveyances

3T Searches without warrant in emergency situations

3U How a constable exercises a power under section 3T

Division 3A—Powers in relation to terrorist acts and terrorism offences

3UA Definitions

Subdivision B—Powers

3UB Application of Subdivision

3UC Requirement to provide name etc.

3UD Stopping and searching

3UE Seizure of terrorism related items and serious offence related items

3UEA Emergency entry to premises without warrant

3UEB Emergency entry to premises without warrant—post‑entry warrants

3UF Seizure notices

3UH Relationship of Subdivision to other laws

Subdivision C—Prescribed security zones

3UI Applications for declarations

3UJ Minister may make declarations

Subdivision CA—Reporting on exercise of powers under this Division

3UJA Report after powers are exercised

3UJB Annual report on exercise of powers

Subdivision CB—Matters relating to post‑entry warrants

3UJC Assessment officers

3UJD Consent of Judges

3UJE Nominated ART members

Subdivision D—Sunset provision

3UK Sunset provision

Div 3B

Identity information requirements, and move‑on powers, at airports

Division 3B—Identity information requirements, and move‑on powers, at airports

3UL Definitions—Division 3B

3UM Meaning of major airport

3UN Meaning of public order and safe operation

3UO Determination of airports

3UP Identity information at airports

3UQ Move‑on directions at airports

3UR Move‑on directions at airports—alternative constitutional scope

3US Stop and directions powers at airports

3UT Constables’ and protective service officers’ duties at airports

3UU Directions at airports—offences

3UV Review of Division

Division 4—Arrest and related matters

3V Requirement to furnish name etc.

3W Power of arrest without warrant by constables

3WA Constables’ power of arrest without warrant for a terrorism offence or offence of advocating terrorism

3X Arrest of prisoner unlawfully at large

3Y Power of arrest without warrant of person on bail

3Z Power of arrest without warrant by other persons

3ZA Warrants for arrest

3ZB Power to enter premises to arrest offender

3ZC Use of force in making arrest

3ZD Persons to be informed of grounds of arrest

3ZE Power to conduct a frisk search of an arrested person

3ZF Power to conduct an ordinary search of an arrested person

3ZG Power to conduct search of arrested person’s premises

3ZH Power to conduct an ordinary search or a strip search

3ZI Rules for conduct of strip search

3ZJ Taking fingerprints, recordings, samples of handwriting or photographs

3ZK Destruction of identification material

3ZL Offence of refusing to allow identification material to be taken

3ZM Identification parades

3ZN Identification parades for suspects under 18 etc.

3ZO Identification by means of photographs

3ZP Identification procedures where there is more than one suspect

3ZQ Descriptions

Div 4A

Determining a person’s age

Division 4A—Determining a person’s age

Subdivision A—Preliminary

3ZQA Definitions

Subdivision B—Determination of age during investigation

3ZQB Circumstances where investigating official may seek authority to carry out a prescribed procedure

3ZQC Obtaining of consents for the carrying out of a prescribed procedure

3ZQD Withdrawal of consent

3ZQE Recording of giving of information about carrying out a prescribed procedure and relevant responses

Subdivision C—Determination of age during proceedings

3ZQF Circumstances where judge or magistrate may order carrying out of a prescribed procedure on own initiative

Subdivision D—Communication of orders by judges or magistrates

3ZQG Orders made by judges or magistrates concerning carrying out of a prescribed procedure

Subdivision E—Matters relating to the carrying out of prescribed procedures

3ZQH Appropriate medical or other standards to be applied

3ZQI Reasonable and necessary force

Subdivision F—Disclosure and destruction of age determination information

3ZQJ Disclosure of age determination information

3ZQK Destruction of age determination information

Div 4B

Power to obtain information and documents

Division 4B—Power to obtain information and documents

3ZQL Definition

Subdivision B—Power to request information or documents about terrorist acts from operators of aircraft or ships

3ZQM Power to request information or documents about terrorist acts from operators of aircraft or ships

Subdivision C—Power to obtain documents relating to serious terrorism and non‑terrorism offences

3ZQN Power to obtain documents relating to serious terrorism offences

3ZQO Power to obtain documents relating to serious offences

3ZQP Matters to which documents must relate

3ZQQ Powers conferred on Judges of the Federal Circuit and Family Court of Australia (Division 2) in their personal capacity

3ZQR Documents must be produced

3ZQS Offence for failure to comply with notice under section 3ZQN or 3ZQO

3ZQT Offence for disclosing existence or nature of notice

Div 4C

Using, sharing and returning things seized and documents produced

Division 4C—Using, sharing and returning things seized and documents produced

Subdivision A—Using and sharing things seized and documents produced

3ZQU Purposes for which things and documents may be used and shared

3ZQV Operating seized electronic equipment

3ZQW Compensation for damage to electronic equipment

Subdivision B—Returning things seized and documents produced

3ZQX When things seized or documents produced under Division 2, 4 or 4B must be returned

3ZQY When things seized under Division 3 must be returned

3ZQZA When things seized under Division 3A must be returned

3ZQZB Magistrate may permit a thing seized or document produced under this Part to be retained, forfeited etc.

Div 5

General

Division 5—General

3ZR Conduct of ordinary searches and frisk searches

3ZS Announcement before entry

3ZT Offence for making false statements in warrants

3ZU Offences relating to telephone warrants

3ZW Delegation by Commissioner

3ZX Law relating to legal professional privilege not affected

Part IAAA—Delayed notification search warrants

3ZZAA Object of this Part

3ZZAB Application of Part

3ZZAC Definitions

3ZZAD Eligible issuing officers

3ZZAE Consent of Judges

3ZZAF Nominated ART members

Div 2

Issue of delayed notification search warrants

Division 2—Issue of delayed notification search warrants

Subdivision A—The normal process for applying for and issuing delayed notification search warrants

3ZZBA Eligible officer may seek authorisation to apply for a delayed notification search warrant

3ZZBB Authorisation to apply for a delayed notification search warrant

3ZZBC Applying for a delayed notification search warrant

3ZZBD Issuing a delayed notification search warrant

3ZZBE Contents of a delayed notification search warrant

Subdivision B—Delayed notification search warrants by telephone, fax etc.

3ZZBF Delayed notification search warrants by telephone, fax etc.

3ZZBG Authority of delayed notification search warrant by telephone, fax etc.

Subdivision C—Offences relating to applying for warrants etc.

3ZZBH Offence for making false statement in application for delayed notification search warrant

3ZZBI Offence relating to delayed notification search warrant by telephone, fax etc.

Subdivision D—Interaction with other provisions under which search warrants may be issued

3ZZBJ Issue of warrants under other provisions as well as or instead of delayed notification search warrants

Div 3

Exercise of powers under delayed notification search warrants

Division 3—Exercise of powers under delayed notification search warrants

3ZZCA What is authorised by a delayed notification search warrant

3ZZCB Specific powers available to person executing warrant

3ZZCC Extension of time to re‑enter premises left in emergency situation or to avoid discovery of law enforcement officer

3ZZCD Executing a warrant—assistance, use of force and related matters

3ZZCE Use of equipment to examine or process things

3ZZCF Use of electronic equipment at warrant premises

3ZZCG Use of moved electronic equipment at other place

3ZZCH Operating seized or moved electronic equipment

3ZZCI Compensation for damage to electronic equipment

Div 4

Notice to occupiers

Division 4—Notice to occupiers

3ZZDA Warrant premises occupier’s notice must be prepared and given

3ZZDB Adjoining premises occupier’s notice must be prepared and given

3ZZDC Time for giving warrant premises occupier’s notice or adjoining premises occupier’s notice

Division 5—Using, sharing and returning things seized

Subdivision A—Using and sharing things seized

3ZZEA Purposes for which things may be used and shared

Subdivision B—Returning things seized

3ZZEB When things seized must be returned

3ZZEC Eligible issuing officer may permit a thing seized to be retained, forfeited etc.

Div 6

Reporting and record‑keeping

Division 6—Reporting and record‑keeping

3ZZFA Reporting on delayed notification search warrants

3ZZFB Annual reports to Minister

3ZZFC Regular reports to Ombudsman

3ZZFD Keeping documents connected with delayed notification search warrants

3ZZFE Register of delayed notification search warrants

Div 7

Inspections by Ombudsman

Division 7—Inspections by Ombudsman

3ZZGA Appointment of inspecting officers

3ZZGB Inspection of records by the Ombudsman

3ZZGC Power to obtain relevant information

3ZZGD Offence

3ZZGE Ombudsman to be given information etc. despite other laws

3ZZGF Exchange of information between Ombudsman and State or Territory inspecting authorities

3ZZGG Ombudsman not to be sued

3ZZGH Report on inspection

Div 8

Unauthorised disclosure of information

Division 8—Unauthorised disclosure of information

3ZZHA Unauthorised disclosure of information

Div 9

Other matters

Division 9—Other matters

3ZZIA Delegation

3ZZIB Law relating to legal professional privilege not affected

Part IAAB—Monitoring of compliance with Part 5.3 supervisory orders etc.

3ZZJA Simplified outline of this Part

3ZZJB Definitions

3ZZJC Prescribed connection with premises

3ZZJD Privileges not abrogated

3ZZJE Application of Part

Division 2—Powers of constables in relation to premises

Subdivision A—Monitoring powers

3ZZKA Entering premises by consent or under a warrant

3ZZKB General monitoring powers

3ZZKC Operating electronic equipment

3ZZKD Securing electronic equipment to obtain expert assistance

Subdivision B—Powers to ask questions and seek production of documents

3ZZKE Asking questions and seeking production of documents

Subdivision C—Other powers

3ZZKF Other powers

3ZZKG Availability of assistance and use of force in executing a warrant

Division 3—Powers of constables in relation to persons subject to Part 5.3 supervisory orders

3ZZLA Searching a person by consent or under a warrant

3ZZLB Monitoring powers

3ZZLC Seizure powers

3ZZLD Availability of assistance and use of force in executing a warrant

Division 4—Obligations and incidental powers of constables

3ZZNA Consent of occupier of premises

3ZZNB Consent to search of a person

3ZZNC Announcement before entry under warrant

3ZZND Constable to be in possession of warrant

3ZZNE Details of warrant etc. to be given to occupier

3ZZNF Compensation for damage to electronic equipment

3ZZNG Occupier entitled to be present during search

3ZZNH Person subject to a Part 5.3 supervisory order is entitled to be present during search

Division 5—Monitoring warrants

3ZZOA Monitoring warrant in relation to premises

3ZZOB Monitoring warrant in relation to a person

3ZZOC Restrictions on personal searches

3ZZOD Monitoring warrant must not be executed if the relevant Part 5.3 supervisory order is revoked etc.

Division 6—Monitoring warrants by telephone or other electronic means

3ZZPA Monitoring warrants by telephone or other electronic means

3ZZPB Offences relating to telephone warrants

Division 7—Extension of periods in which things secured

3ZZQA Extension of periods in which things secured

Division 8—Things seized, documents produced, and answers given, under this Part

3ZZRA Receipts for things seized under this Part

3ZZRB Using, sharing and returning things seized under this Part

3ZZRC Using, sharing and returning documents produced under section 3ZZKE

3ZZRD Answers to questions asked under section 3ZZKE

Division 9—Powers of issuing officers

3ZZSA Powers of issuing officers

Div 10

General

Division 10—General

3ZZTA Conduct of ordinary searches and frisk searches

3ZZTB Protection of persons—control order declared to be void

3ZZTC Dealing with things, information or documents obtained under a monitoring warrant—control order declared to be void

3ZZTD Commissioner to keep documents connected with issue of monitoring warrants

3ZZTE Commissioner to notify Ombudsman in relation to monitoring warrants

Div 11

Inspections by Ombudsman

Division 11—Inspections by Ombudsman

3ZZUA Appointment of inspecting officers

3ZZUB Inspection of records by the Ombudsman

3ZZUC Power to obtain relevant information

3ZZUD Offence

3ZZUE Ombudsman to be given information etc. despite other laws

3ZZUF Exchange of information between Ombudsman and State or Territory inspecting authorities

3ZZUG Ombudsman not to be sued

3ZZUH Annual report

Part IAABA—Monitoring of compliance with community safety supervision orders etc.

3ZZUHA Simplified outline of this Part

3ZZUHB Definitions

3ZZUHC Application of Part IAAB to community safety supervision orders

Part IAAC—Account takeover warrants

3ZZUJ Simplified outline of this Part

3ZZUK Definitions

3ZZUL When a person takes control of an online account

3ZZUM Appropriate authorising officer

Division 2—Account takeover warrants

3ZZUMA Sunsetting

3ZZUN Application for account takeover warrant

3ZZUP Determining the application

3ZZUQ What must an account takeover warrant contain?

3ZZUR What an account takeover warrant authorises

3ZZUS Variation of account takeover warrant

3ZZUT Revocation of account takeover warrant

3ZZUU Discontinuance of execution of account takeover warrant

3ZZUV Restoration of online account

3ZZUW Relationship of this Division to parliamentary privileges and immunities

Division 3—Emergency authorisations

3ZZUWA Sunsetting

3ZZUX Emergency authorisation—serious risks to person or property

3ZZUY Record of emergency authorisations to be made

3ZZUZ Attributes of emergency authorisations

3ZZVA Application for approval of emergency authorisation

3ZZVB Consideration of application

3ZZVC Magistrate may approve giving of an emergency authorisation

3ZZVD Admissibility of evidence

3ZZVE Restoration of online account

3ZZVF Relationship of this Division to parliamentary privileges and immunities

Division 4—Assistance orders

3ZZVG Person with knowledge of an online account to provide assistance

Division 5—Restrictions on use and disclosure of information

3ZZVH Unauthorised use or disclosure of protected information

3ZZVJ Dealing with records obtained under, or relating to, account takeover warrants etc.

3ZZVK Protection of account takeover technologies and methods

Division 6—Reporting and record keeping

3ZZVL Chief officers’ annual reports to the Minister and the Ombudsman

3ZZVM Chief officers’ annual reports to the Minister

3ZZVN Keeping documents connected with account takeover warrants

3ZZVP Register of applications for account takeover warrants and emergency authorisations

Division 7—Inspections

3ZZVQ Appointment of inspecting officers

3ZZVR Inspection of records by the Ombudsman

3ZZVS Power to obtain relevant information

3ZZVT Offence

3ZZVU Ombudsman to be given information and access despite other laws

3ZZVV Delegation by Ombudsman

3ZZVW Ombudsman not to be sued

3ZZVX Report on inspection

Division 8—Miscellaneous

3ZZVY Minor defects in connection with account takeover warrant

3ZZVZ Evidentiary certificates

3ZZWA Compensation for property loss or serious damage

Part IA—General

4AAA Commonwealth laws conferring non‑judicial functions and powers on officers

4AAB Arrangements for conferral of non‑judicial functions and powers

Meaning of certain words

4A Meaning of certain words

4AA Penalty units

4AB Conversion of pecuniary penalties expressed in dollar amounts to penalty units

4B Pecuniary penalties—natural persons and bodies corporate

4C Offences under 2 or more laws

4D Penalties

4E Pecuniary penalties

4F Effect of alterations in penalties

4G Indictable offences

4H Summary offences

4J Certain indictable offences may be dealt with summarily

4JA Some indictable offences punishable by fine only may be dealt with summarily

4K Continuing and multiple offences

4L Specified defences not to preclude other defences

4M Children under 10

4N Children over 10 but under 14

6 Accessory after the fact

9 Seizure and condemnation of forfeitable goods

9A Forfeited articles to be dealt with by Official Trustee

9B Costs etc. payable to Official Trustee

13 Institution of proceedings in respect of offences

15 Remand of defendant

15AA Bail not to be granted in certain cases

15AAA Bail not to be granted to various persons charged with, or convicted of, certain Commonwealth child sex offences

15AB Matters to be considered in certain bail applications

15A Enforcement of fines etc.

15B Time for commencement of prosecutions

15C Form of indictments, information and summonses

15E Privilege of Parliament not affected

15F Civil rights not affected

An Act relating to Offences against the Commonwealth

Part I—Preliminary

1 Short title

This Act may be cited as the Crimes Act 1914.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

Aboriginal person means a person of the Aboriginal race of Australia.

ACC means the Australian Crime Commission.

associated offence means:

(a) in relation to an offence against section 233B of the Customs Act 1901—an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or

(b) in relation to an offence against section 10, 11, 12, 13 or 14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990—an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or

(i) under a provision of a law of that State or Territory that corresponds to a provision of Part 2.4 of the Criminal Code; and

(ii) that relates to the offence.

Australian law enforcement officer means a law enforcement officer other than a member of a police force, or other law enforcement agency, of a foreign country.

bail authority means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

child abuse material has the same meaning as in Part 10.6 of the Criminal Code.

child sexual abuse offence means:

(a) a Commonwealth child sex offence; or

(b) an offence against section 273.5, 471.16, 471.17, 474.19 or 474.20 of the Criminal Code as in force at any time before the commencement of Schedule 7 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019; or

(c) an offence against Part IIIA of this Act as in force at any time before the commencement of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010; or

(d) a State or Territory registrable child sex offence.

Commissioner means the Commissioner of the Australian Federal Police.

Commonwealth child sex offence means:

(a) an offence against any of the following provisions of the Criminal Code:

(i) Division 272 (Child sex offences outside Australia);

(ii) Division 273 (Offences involving child abuse material outside Australia);

(iia) Division 273A (Possession of child‑like sex dolls etc.);

(iii) Subdivisions B and C of Division 471 (which create offences relating to use of postal or similar services in connection with child abuse material and sexual activity involving children);

(iv) Subdivisions D and F of Division 474 (which create offences relating to use of telecommunications in connection with child abuse material, sexual activity involving children and harm to children); or

(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence described in paragraph (a) of this definition; or

(c) an offence against a provision described in paragraph (a) of this definition that is taken to have been committed because of section 11.2, 11.2A or 11.3 of the Criminal Code.

Commonwealth child sexual abuse offence means a Commonwealth child sex offence, other than an offence against subsection 272.8(1) or (2), 272.9(1) or (2), section 272.10, 272.11, 272.18, 272.19, 273.7, 471.22, 474.23A or 474.24A, subsection 474.25A(1) or (2) or section 474.25B or 474.25C of the Criminal Code.

Commonwealth entity has the meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013.

Commonwealth offence, except in Part IC, means an offence against a law of the Commonwealth.

Commonwealth officer means a person holding office under, or employed by, the Commonwealth, and includes:

(a) a person appointed or engaged under the Public Service Act 1999;

(aa) a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or in the Service of a public authority under the Commonwealth;

(b) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979).

confiscation proceedings has a meaning affected by subsection 16AC(5).

constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.

controlled substance means:

(a) a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code; or

(b) a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code; or

conveyance includes an aircraft, vehicle or vessel.

criminal detention has the meaning given by section 45A.

cultural heritage has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999, and includes sacred sites.

cultural heritage object means an object that is important for cultural, religious, ethnological, archaeological, historical, literary, artistic, scientific or technological reasons.

data includes:

(a) information in any form; and

(b) any program (or part of a program).

data storage device means a thing containing, or designed to contain, data for use by a computer.

de facto partner has the meaning given by the Acts Interpretation Act 1901.

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.

dentist means a dental practitioner within the meaning of the Health Insurance Act 1973.

Deputy Commissioner means a Deputy Commissioner of the Australian Federal Police.

federal aspect, in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 3AA(1).

Note: This subsection defines State to include the Northern Territory.

federal court means the High Court or a court created by the Parliament, other than a court of a Territory.

federal criminal detention has the meaning given by section 45A.

federal judicial proceeding has the meaning given by section 31.

Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

have in possession includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.

IGIS official (short for Inspector‑General of Intelligence and Security official) means:

(a) the Inspector‑General of Intelligence and Security; or

(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.

illicit goods means goods the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.

Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015.

Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.

integrity purpose means the purpose of preventing, detecting, investigating or dealing with any of the following:

(a) misconduct (within the meaning of the Privacy Act 1988) of a serious nature by any of the following:

(i) an official (as defined in section 13 of the Public Governance, Performance and Accountability Act 2013) of a Commonwealth entity;

(ii) a person employed by, or in the service of, a Privacy Act agency or a wholly‑owned Commonwealth company;

(iii) a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency;

(iv) an officer of a wholly‑owned Commonwealth company;

(b) conduct that may have the purpose or effect of inducing misconduct described in paragraph (a);

(d) an offence against Chapter 7 of the Criminal Code (which is about the proper administration of Government).

Note 1: An example of dealing with the matters described in paragraphs (a), (b), (c) and (d) is taking legal proceedings, disciplinary proceedings or other administrative action.

Note 2: An integrity purpose relating to misconduct of a person covered by a subparagraph of paragraph (a) does not cease to exist merely because the person ceases to be covered by that subparagraph after the misconduct occurs.

judicial proceeding has the meaning given by section 31 (other than in section 3L).

judicial tribunal has the meaning given by section 31.

law enforcement officer (except in Part IAAC) means any of the following:

(a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);

(b) a member of the police force of a State or Territory;

(ba) a staff member of the NACC;

(d) an officer of Customs;

(e) a member of a police force, or other law enforcement agency, of a foreign country.

medical practitioner has the same meaning as in the Health Insurance Act 1973.

member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.

narcotic goods has the same meaning as in the Customs Act 1901.

National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.

National Anti‑Corruption Deputy Commissioner means a Deputy Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.

nurse means a registered nurse within the meaning of the Health Insurance Act 1973.

officer of Customs has the meaning given by subsection 4(1) of the Customs Act 1901.

Official Trustee means the Official Trustee in Bankruptcy.

parent: without limiting who is a parent of a person for the purposes of this Act, someone (the adult) is the parent of a person if:

(a) the adult is legally entitled to, and has, custody of the person; or

(b) the adult is legally responsible for the day‑to‑day care, welfare and development of the person and has the person in his or her care.

participating State has the meaning given by subsection 3B(2).

participating Territory has the meaning given by subsection 3B(2).

personal information has the meaning given by section 6 of the Privacy Act 1988.

person assisting the NACC Inspector means a person assisting the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.

Privacy Act agency has the same meaning as agency has in the Privacy Act 1988.

property includes money and every thing, animate or inanimate, capable of being the subject of ownership.

public authority under the Commonwealth means any authority or body constituted by or under a law of the Commonwealth or of a Territory.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

relative has a meaning affected by subsection (3).

senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979.

sensitive information has the meaning given by section 6 of the Privacy Act 1988.

staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022.

State includes the Northern Territory.

State offence means an offence against a law of a State or the Australian Capital Territory.

State or Territory registrable child sex offence means an offence:

(a) that a person becomes, or may at any time have become, a person whose name is entered on a child protection offender register (however described) of a State or Territory for committing; and

(b) in respect of which:

(i) a child was a victim or an intended victim; or

(ii) the offending involved child abuse material.

substantial adverse effect means an effect that is adverse and not insubstantial, insignificant or trivial.

target entity means:

(a) a Privacy Act agency; or

(b) a wholly‑owned Commonwealth company.

Note: A target entity is an APP entity as defined in section 6 of the Privacy Act 1988, because it is either an agency or an organisation for the purposes of that Act (as a wholly‑owned Commonwealth company is an organisation as defined in section 6C of that Act).

Territory does not include the Northern Territory.

terrorism offence means:

(a) an offence against Subdivision A of Division 72 of the Criminal Code; or

(aa) an offence against Subdivision B of Division 80 of the Criminal Code; or

(b) an offence against Part 5.3, 5.3A or 5.5 of the Criminal Code; or

(ba) an offence against Subdivision HA of Division 474 of the Criminal Code; or

(i) Part 4 of that Act;

(ii) Part 5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions—Al‑Qaida) Regulations 2008.

terrorist act means:

(a) a terrorist act within the meaning of subsection 100.1(1) of the Criminal Code; or

(b) a state terrorist act within the meaning of the Criminal Code.

thing relevant to an indictable offence means:

(a) either of the following:

(i) anything with respect to which an indictable offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;

(ii) anything with respect to which a State offence that has a federal aspect, and that is an indictable offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or

(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or

(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.

thing relevant to a summary offence means:

(a) either of the following:

(i) anything with respect to which a summary offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;

(ii) anything with respect to which a State offence that has a federal aspect, and that is a summary or simple offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or

(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or

(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.

Torres Strait Islander means a descendent of an indigenous inhabitant of the Torres Strait Islands.

wholly‑owned Commonwealth company has the meaning given by section 90 of the Public Governance, Performance and Accountability Act 2013.

(2) In this Act, a reference to a fine includes a reference:

(a) to a pecuniary penalty other than a pecuniary penalty imposed:

(i) under Division 3 of Part XIII of the Customs Act 1901; or

(ii) by a pecuniary penalty order, a literary proceeds order or an unexplained wealth order made under the Proceeds of Crime Act 2002; or

(iia) by a pecuniary penalty order made under the Proceeds of Crime Act 1987; or

(iii) by a superannuation order made under the Australian Federal Police Act 1979; or

(iv) by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989; or

(b) to costs or other amounts ordered to be paid by offenders.

(3) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):

(a) a de facto partner of the person;

(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;

(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.

3AA State offences that have a federal aspect

Object

(1A) The object of this section is to identify State offences that have a federal aspect because:

(a) they potentially fall within Commonwealth legislative power because of the elements of the State offence; or

(b) they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or

(c) the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory.

State offences that have a federal aspect

(1) For the purposes of this Act, a State offence has a federal aspect if, and only if:

(a) both:

(i) the State offence is not an ancillary offence; and

(ii) assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or

(b) both:

(i) the State offence is an ancillary offence that relates to a particular primary offence; and

(ii) assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or

(c) assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or

(d) both:

(i) the Australian Federal Police is investigating an offence against a law of the Commonwealth or a Territory; and

(ii) if the Australian Federal Police is investigating, or were to investigate, the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i).

Specificity of acts or omissions

(2) For the purposes of paragraph (1)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence).

State offences covered by paragraph (1)(c)

(3) A State offence is taken to be covered by paragraph (1)(c) if the conduct constituting the State offence:

(a) affects the interests of:

(i) the Commonwealth; or

(ii) an authority of the Commonwealth; or

(iii) a constitutional corporation; or

(b) was engaged in by a constitutional corporation; or

(d) involved the use of a postal service or other like service; or

(e) involved an electronic communication; or

(f) involved trade or commerce:

(i) between Australia and places outside Australia; or

(ii) among the States; or

(iii) within a Territory, between a State and a Territory or between 2 Territories; or

(g) involved:

(i) banking (other than State banking not extending beyond the limits of the State concerned); or

(ii) insurance (other than State insurance not extending beyond the limits of the State concerned); or

(h) relates to a matter outside Australia; or

(i) relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or

(j) relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern.

(4) Subsection (3) does not limit paragraph (1)(c).

ancillary offence, in relation to an offence (the primary offence), means:

(a) an offence of conspiring to commit the primary offence; or

(b) an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or

Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.

conduct has the same meaning as in the Criminal Code.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

electronic communication means a communication of information:

(a) whether in the form of text; or

(b) whether in the form of data; or

(d) whether in the form of visual images (animated or otherwise); or

(e) whether in any other form; or

(f) whether in any combination of forms;

by means of guided and/or unguided electromagnetic energy.

engage in conduct has the same meaning as in the Criminal Code.

State includes the Australian Capital Territory and the Northern Territory.

State offence means an offence against a law of a State.

Note: Subsection 3(1) defines State to include the Northern Territory.

3A Operation of Act

This Act applies throughout the whole of the Commonwealth and the Territories and also applies beyond the Commonwealth and the Territories.

3B Arrangements with States, Australian Capital Territory and Northern Territory

(1) The Governor‑General may make arrangements with the Governor of a State, the Government of the Australian Capital Territory or the Administrator of the Northern Territory for:

(a) officers of the State or Territory to exercise powers and perform functions; and

(b) facilities and procedures of the State or Territory to be made available;

in relation to the carrying out or enforcement under this Act of orders made under this Act or another Act.

(2) In this Act:

(a) a reference to a participating State is a reference to a State in relation to which an arrangement is in force under subsection (1) of this section; and

(b) a reference to a participating Territory:

(i) is a reference to a Territory other than the Australian Capital Territory or the Northern Territory; and

(ii) if an arrangement is in force under subsection (1) of this section in relation to the Australian Capital Territory—includes a reference to the Australian Capital Territory; and

(iii) if an arrangement is in force under subsection (1) of this section in relation to the Northern Territory—includes a reference to the Northern Territory.

(3) In this section:

order includes a sentence.

State does not include the Australian Capital Territory or the Northern Territory.

3BA Application of the Criminal Code

Part 2

of the Criminal Code applies to all offences against this Act.

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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

3C Interpretation

(1) In this Part, unless the contrary intention appears:

account‑based data has the meaning given by section 3CAA.

carrier means:

(a) a carrier within the meaning of the Telecommunications Act 1997; or

(b) a carriage service provider within the meaning of that Act.

communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).

constable assisting, in relation to a warrant, means:

(a) a person who is a constable and who is assisting in executing the warrant; or

(b) a person who is not a constable and who has been authorised by the relevant executing officer to assist in executing the warrant.

data held in a computer includes:

(a) data held in any removable data storage device for the time being held in a computer; or

(b) data held in a data storage device on a computer network of which the computer forms a part.

digital asset means:

(a) a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by:

(i) a type of distributed ledger technology; or

(ii) another distributed cryptographically verifiable data structure; or

(b) a right or thing prescribed by the regulations;

but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Part.

electronic service has the same meaning as in the Online Safety Act 2021.

emergency situation, in relation to the execution of a warrant in relation to premises, means a situation that the executing officer or a constable assisting believes, on reasonable grounds, involves a serious and imminent threat to a person’s life, health or safety that requires the executing officer and constables assisting to leave the premises.

evidential material means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form.

executing officer, in relation to a warrant, means:

(a) the constable named in the warrant by the issuing officer as being responsible for executing the warrant; or

(b) if that constable does not intend to be present at the execution of the warrant—another constable whose name has been written in the warrant by the constable so named; or

frisk search means:

(a) a search of a person conducted by quickly running the hands over the person’s outer garments; and

(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

issuing officer, in relation to a warrant to search premises or a person or a warrant for arrest under this Part, means:

(a) a magistrate; or

(b) a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants or warrants for arrest, as the case may be.

Note: Under section 3ZZBJ, an eligible issuing officer (within the meaning of Part IAAA) may, as specified in that section, consider and deal with an application for a warrant as if the eligible issuing officer were an issuing officer within the meaning of this Part.

magistrate, in sections 3ZI, 3ZJ, 3ZK, 3ZN and 3ZQZB, has a meaning affected by section 3CA.

offence means:

(a) an offence against a law of the Commonwealth (other than the Defence Force Discipline Act 1982); or

(b) an offence against a law of a Territory; or

ordinary search means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and

(b) an examination of those items.

police station includes:

(a) a police station of a State or Territory; and

(b) a building occupied by the Australian Federal Police.

premises includes a place and a conveyance.

recently used conveyance, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.

seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.

seize, for a digital asset, has a meaning affected by subsection 3FA(8).

serious offence means an offence:

(a) that is punishable by imprisonment for 2 years or more; and

(b) that is one of the following:

(i) a Commonwealth offence;

(ii) an offence against a law of a State that has a federal aspect;

(iii) an offence against a law of a Territory; and

serious terrorism offence means:

(a) a terrorism offence (other than offence against section 102.8, Division 104, Division 105 or section 112.7 of the Criminal Code); or

(b) an offence against a law of a State:

(i) that has a federal aspect; and

(ii) that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against section 102.8, Division 104, Division 105 or section 112.7 of the Criminal Code); or

(c) an offence against a law of a Territory that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against section 102.8, Division 104, Division 105 or section 112.7 of the Criminal Code).

strip search means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove all of his or her garments; and

(b) an examination of the person’s body (but not of the person’s body cavities) and of those garments.

telecommunications facility means a facility within the meaning of the Telecommunications Act 1997.

warrant means a warrant under this Part.

warrant premises means premises in relation to which a warrant is in force.

(2) A person referred to in paragraph (b) of the definition of constable assisting in subsection (1) must not take part in searching or arresting a person.

3CAA Account‑based data

(1) For the purposes of this Part, if:

(a) an electronic service has accounts for end‑users; and

(i) a person holds an account with the electronic service; or

(ii) a person is, or is likely to be, a user of an account with the electronic service; and

the data is account‑based data in relation to the person.

(2) For the purposes of this Part, if:

(a) an electronic service has accounts for end‑users; and

(i) a deceased person held, before the person’s death, an account with the electronic service; or

(ii) a deceased person, before the person’s death, was, or was likely to be, a user of an account with the electronic service; and

(c) the deceased person could, before the person’s death (with the use of appropriate equipment), access particular data provided by the service;

the data is account‑based data in relation to the deceased person.

(3) For the purposes of this section, account has the same meaning as in the Online Safety Act 2021.

3CA Nature of functions of magistrate

(1) A function of making an order conferred on a magistrate by section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

(2) Without limiting the generality of subsection (1), an order made by a magistrate under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB has effect only by virtue of this Act and is not to be taken by implication to be made by a court.

(3) A magistrate performing a function of, or connected with, making an order under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).

(4) The Governor‑General may make arrangements with the Governor of a State, the Chief Minister of the Australian Capital Territory or the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under sections 3ZI, 3ZJ, 3ZK, 3ZN and 3ZQZB.

Application of Part

3D Application of Part

(1) This Part is not intended to limit or exclude the operation of another law of the Commonwealth (including other provisions of this Act) relating to:

(b) arrest and related matters; or

(d) the seizure of things; or

(e) the requesting of information or documents from persons.

(2) To avoid any doubt, it is declared that even though another law of the Commonwealth (including other provisions of this Act) provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.

(4) This Part is not intended to limit or exclude the operation of a law of a Territory relating to:

(b) arrest and related matters; or

(d) the seizure of things; or

(e) the requesting of information or documents from persons;

in relation to offences against a law of that Territory.

(5) This Part does not apply to the exercise by a constable of powers under the Defence Force Discipline Act 1982.

(6) The application of this Part in relation to State offences that have a federal aspect is not intended to limit or exclude the concurrent operation of any law of a State or of the Australian Capital Territory.

Note 1: Subsection 3(1) defines State to include the Northern Territory.

Note 2: Section 3AA has the effect that an offence against the law of the Australian Capital Territory is a State offence that has a federal aspect.

Division 2—Search warrants

When search warrants can be issued

3E When search warrants can be issued

(1) An issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.

Note: For the issue of delayed notification search warrants, see Part IAAA.

(2) An issuing officer may issue a warrant authorising an ordinary search or a frisk search of a person if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that the person has in his or her possession, or will within the next 72 hours have in his or her possession, any evidential material.

(3) If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person must state that suspicion, and the grounds for that suspicion, in the information.

(4) If the person applying for the warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises the person must state particulars of those applications and their outcome in the information.

(5) If an issuing officer issues a warrant, the officer is to state in the warrant:

(a) the offence to which the warrant relates; and

(b) a description of the premises to which the warrant relates or the name or description of the person to whom it relates; and

(d) the name of the constable who, unless he or she inserts the name of another constable in the warrant, is to be responsible for executing the warrant; and

(e) the time at which the warrant expires (see subsection (5A)); and

Note: The power to seize a digital asset under the warrant and certain other powers may be exercised after the warrant expires: see subsection 3FA(10).

(f) whether the warrant may be executed at any time or only during particular hours.

(5A) The time stated in the warrant under paragraph 3E(5)(e) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued.

Example: If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.

(6) The issuing officer is also to state, in a warrant in relation to premises:

(a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

if the executing officer or a constable assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and

(aa) that the warrant authorises the seizure of a digital asset if paragraphs 3FA(1)(a) to (c) are satisfied; and

(b) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.

(7) The issuing officer is also to state, in a warrant in relation to a person:

(a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found, in the course of the search, on or in the possession of the person or in a recently used conveyance, being a thing that the executing officer or a constable assisting believes on reasonable grounds to be:

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

(aa) that the warrant authorises the seizure of a digital asset if paragraphs 3FA(2)(a) to (c) are satisfied; and

(b) the kind of search of a person that the warrant authorises.

(8) Paragraph (5)(e) and subsection (5A) do not prevent the issue of successive warrants in relation to the same premises or person.

(9) If the application for the warrant is made under section 3R, this section (other than subsection (5A)) applies as if:

(a) subsections (1) and (2) referred to 48 hours rather than 72 hours; and

(b) paragraph (5)(e) required the issuing officer to state in the warrant the period for which the warrant is to remain in force, which must not be more than 48 hours.

(10) An issuing officer in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory.

(11) An issuing officer in a State or internal Territory may:

(a) issue a warrant in relation to premises or a person in that State or Territory; or

(b) issue a warrant in relation to premises or a person in an external Territory; or

(c) issue a warrant in relation to premises or a person in another State or internal Territory (including the Jervis Bay Territory) if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or

(d) issue a warrant in relation to a person wherever the person is in Australia or in an external Territory if he or she is satisfied that it is not possible to predict where the person may be.

The things authorised by a search warrant—general

3F The things authorised by a search warrant—general

(1) A warrant that is in force in relation to premises authorises the executing officer or a constable assisting:

(a) to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and

(b) to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and

(c) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and

(d) to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

(e) to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items; and

(f) if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.

(2) A warrant that is in force in relation to a person authorises the executing officer or a constable assisting:

(a) to search the person as specified in the warrant and things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; and

(b) to:

(i) seize things of that kind; or

(ii) record fingerprints from things; or

(iii) to take forensic samples from things;

found in the course of the search; and

(c) to seize other things found on or in the possession of the person or in the conveyance in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

(d) to seize other things found in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items.

(2A) A warrant that is in force authorises the executing officer or a constable assisting:

for the purpose of obtaining access to data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data is evidential material of a kind specified in the warrant; and

(b) if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and

(c) if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

(ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

(i) appears to be relevant for the purposes of determining whether the relevant data is evidential material of a kind specified in the warrant; or

(ii) is evidential material of a kind specified in the warrant; and

Note: As a result of the warrant, a person who, by means of a telecommunications facility, obtains access to data stored in a computer etc. will not commit an offence under Part 10.7 of the Criminal Code or equivalent State or Territory laws (provided that the person acts within the authority of the warrant).

(2B) A warrant that is in force authorises the executing officer or a constable assisting:

(i) a computer found in the course of a search authorised under the warrant; or

(iv) a person who is the owner or lessee of the computer mentioned in subparagraph (i); or

(v) a person who uses or has used the computer mentioned in subparagraph (i); or

(vi) a deceased person who, before the person’s death, was the owner or lessee of the computer mentioned in subparagraph (i); or

(vii) a deceased person who, before the person’s death, used the computer mentioned in subparagraph (i);

in order to determine whether the relevant account‑based data is evidential material of a kind specified in the warrant; and

(b) if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and

(c) if, having regard to other methods (if any) of obtaining access to the relevant account‑based data which are likely to be as effective, it is reasonable in all the circumstances to do so:

(ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

(i) appears to be relevant for the purposes of determining whether the relevant account‑based data is evidential material of a kind specified in the warrant; or

(ii) is evidential material of a kind specified in the warrant; and

(2C) Subsections (2A) and (2B) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:

unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

(2D) In the case of a warrant that is in force in relation to premises, it is immaterial whether a thing mentioned in subsection (2A) or (2B) is done:

(a) at the premises; or

(2E) In the case of a warrant that is in force in relation to a person, it is immaterial whether a thing mentioned in subsection (2A) or (2B) is done:

(a) in the presence of the person; or

(3) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

(4) If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

3FA The things authorised by a search warrant—additional things for digital assets

Warrant in relation to premises—authority to seize digital assets

(1) A warrant that is in force in relation to premises authorises the executing officer or a constable assisting to seize a digital asset if:

(a) in the course of exercising powers under this Part, the executing officer or a constable assisting finds one or more things that suggest the existence of the digital asset; and

(b) the executing officer or a constable assisting reasonably suspects the digital asset to be:

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and

(c) the executing officer or a constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset’s concealment, loss or destruction or its use in committing an offence.

Note: For the purposes of paragraph (a), the digital asset need not be found at the premises. Data accessed using powers under this Part may suggest the existence of the digital asset. For example, a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the premises: see section 3LAA.

Warrant in relation to person—authority to seize digital assets

(2) A warrant that is in force in relation to a person authorises the executing officer or a constable assisting to seize a digital asset if:

(a) in the course of exercising powers under this Part, the executing officer or a constable assisting finds one or more things that suggest the existence of the digital asset; and

(b) the executing officer or a constable assisting reasonably suspects the digital asset to be:

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and

Note: For the purposes of paragraph (a), the digital asset need not be found in the person’s possession. Data accessed using powers under this Part may suggest the existence of the digital asset. For example, a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the person’s possession: see section 3LAA.

Use of electronic equipment etc. to seize a digital asset etc.

(3) A warrant that is in force authorises the executing officer or a constable assisting:

for the purpose of seizing a digital asset under the warrant; and

(b) if necessary to achieve that purpose—to add, copy, delete or alter data in the computer or device mentioned in subparagraph (a)(i); and

(i) to use any other computer or a communication in transit; and

(ii) if necessary to achieve that purpose—to add, copy, delete or alter data in the other computer or the communication in transit; and

(d) to do any other thing reasonably incidental to any of the above.

Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc.

(4) A warrant that is in force authorises the executing officer or a constable assisting:

for the purpose of obtaining access to data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; and

(b) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and

(c) if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

(ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and

(i) appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; or

(ii) suggests the existence of a digital asset that may be seized under the warrant; and

(5) A warrant that is in force authorises the executing officer or a constable assisting:

(i) a computer found in the course of a search authorised under the warrant; or

(iv) a person who is the owner or lessee of the computer mentioned in subparagraph (i); or

(v) a person who uses or has used the computer mentioned in subparagraph (i); or

(vi) a deceased person who, before the person’s death, was the owner or lessee of the computer mentioned in subparagraph (i); or

(vii) a deceased person who, before the person’s death, used the computer mentioned in subparagraph (i);

in order to determine whether the relevant account‑based data suggests the existence of a digital asset that may be seized under the warrant; and

(b) if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and

(c) if, having regard to other methods (if any) of obtaining access to the relevant account‑based data which are likely to be as effective, it is reasonable in all the circumstances to do so:

(ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and

(i) appears to be relevant for the purposes of determining whether the relevant account‑based data suggests the existence of a digital asset that may be seized under the warrant; or

(ii) suggests the existence of a digital asset that may be seized under the warrant; and

Limitation

(6) Subsections (3), (4) and (5) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:

unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

Operation of electronic equipment to seize a digital asset

(7) A warrant that is in force also authorises the executing officer or a constable assisting:

(a) for a warrant in relation to premises—to operate electronic equipment at the premises for the purpose of seizing a digital asset under the warrant; and

(b) if electronic equipment is moved to another place under subsection 3K(2)—to operate the equipment for the purpose of seizing a digital asset under the warrant.

Additional ways of seizing digital assets

(8) Seizing a digital asset under a warrant includes any of the following:

(a) transferring the digital asset from an existing digital wallet (or some other thing) to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;

(b) transferring the digital asset:

(i) from a digital wallet (or some other thing) recreated or recovered by the Australian Federal Police or a police force or police service of a State or Territory using things found in the course of the search authorised by the warrant; and

(ii) to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;

Note: The ordinary meaning of seizing a digital asset is extended by the additional ways mentioned in this subsection.

Time limit for seizing digital assets etc.

(9) The power to seize a digital asset under the warrant, or a power covered by subsection (3) or paragraph (7)(b) relating to seizing a digital asset under the warrant, may be exercised, to the extent that the exercise of the power relates to a thing referred to in paragraph (1)(a) or (2)(a) for the warrant, only during the period starting when the warrant is issued and ending at:

(a) if the thing is moved to another place under subsection 3K(2)—the time applicable under subsection 3K(3A) or that time as previously extended as described in subsection 3K(3B); or

(b) if the thing is seized under this Division—any time that the thing must be returned as described in Subdivision B of Division 4C of this Part; or

(c) if the thing is data that is copied under this Division—the time the Commissioner is satisfied that the data is not required (or is no longer required):

(i) for a purpose mentioned in section 3ZQU; or

(ii) for other judicial or administrative review proceedings; or

(d) otherwise—the end of the period of 30 days starting on the day the warrant is issued.

Note: This means the power to seize the digital asset may be exercised at different times if there is more than one thing referred to in paragraph (1)(a) or (2)(a) that suggests the existence of the digital asset.

For example, if 2 or more things referred to in paragraph (1)(a) or (2)(a) suggest the existence of the digital asset, seizure of the digital asset may occur during the longest period that applies to the digital asset as a result of the application of this subsection in relation to each of those things.

(10) If the period applicable under subsection (9) ends after the warrant expires, the powers referred to in that subsection may be exercised during that period as if the warrant were still in force.

Things done in relation to warrants may be done remotely etc.

(11) For a warrant related to premises, it is immaterial whether:

(a) a digital asset is seized, as described in this section, at the premises or at any other place; or

(b) a thing mentioned in subsection (3), (4) or (5) is done at the premises or at any other place.

(12) For a warrant related to a person, it is immaterial whether:

(a) a digital asset is seized, as described in this section, in the presence of the person or at any other place; or

(b) a thing mentioned in subsection (3), (4) or (5) is done in the presence of the person or at any other place.

Availability of assistance and use of force in executing a warrant

3G Availability of assistance and use of force in executing a warrant

In executing a warrant:

(a) the executing officer may obtain such assistance; and

(b) the executing officer, or a person who is a constable and who is assisting in executing the warrant may use such force against persons and things; and

(c) a person who is not a constable and who has been authorised to assist in executing the warrant may use such force against things;

Details of warrant to be given to occupier etc.

3H Details of warrant to be given to occupier etc.

(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer or a constable assisting must make available to that person a copy of the warrant.

(2) If a warrant in relation to a person is being executed, the executing officer or a constable assisting must make available to that person a copy of the warrant.

(3) If a person is searched under a warrant in relation to premises, the executing officer or a constable assisting must show the person a copy of the warrant.

(4) The executing officer must identify himself or herself to the person at the premises or the person being searched, as the case may be.

(5) The copy of the warrant referred to in subsections (1) and (2) need not include the signature of the issuing officer or the seal of the relevant court.

Specific powers available to constables executing warrant

3J Specific powers available to constables executing warrant

(1) In executing a warrant in relation to premises, the executing officer or a constable assisting may:

(a) for a purpose incidental to the execution of the warrant; or

(b) if the occupier of the premises consents in writing;

take photographs (including video recordings) of the premises or of things at the premises.

(2) If a warrant in relation to premises is being executed, the executing officer and the constables assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises:

(a) for not more than one hour; or

(aa) if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under section 3JA; or

(b) for a longer period if the occupier of the premises consents in writing.

(a) the execution of a warrant is stopped by an order of a court; and

(b) the order is later revoked or reversed on appeal; and

the execution of the warrant may be completed.

3JA Extension of time to re‑enter premises in emergency situations

(a) a warrant in relation to premises is being executed; and

(b) there is an emergency situation; and

(c) the executing officer or a constable assisting believes on reasonable grounds that the executing officer and the constables assisting will not be able to return to the premises within the 12 hour period mentioned in paragraph 3J(2)(aa);

he or she may apply to an issuing officer for an extension of that period.

(2) Before making the application, the executing officer or a constable assisting must, if it is practicable to do so, give notice to the occupier of the premises of his or her intention to apply for an extension.

(3) If an application mentioned in subsection (1) has been made, an issuing officer may extend the period during which the executing officer and constables assisting may be away from the premises if:

(a) the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

(b) the extension would not result in the period ending after the expiry of the warrant.

3K Use of equipment to examine or process things

Equipment may be brought to warrant premises

(1) The executing officer of a warrant in relation to premises, or constable assisting, may bring to the warrant premises any equipment reasonably necessary for the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant.

Thing may be moved for examination or processing

(2) A thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to determine whether the thing may be seized under a warrant, or the thing suggests the existence of a digital asset that may be seized under a warrant, if:

(a) both of the following apply:

(i) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;

(ii) the executing officer or constable assisting suspects on reasonable grounds that the thing contains or constitutes evidential material or the thing suggests the existence of a digital asset that may be seized under a warrant; or

(b) for a thing found at warrant premises—the occupier of the premises consents in writing; or

(c) for a thing found during a search under a warrant that is in force in relation to a person—the person consents in writing.

Notification of examination or processing and right to be present

(3) If a thing is moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:

(a) inform the person referred to in paragraph (2)(b) or (c) (as the case requires) of the address of the place and the time at which the examination or processing will be carried out; and

(b) allow that person or his or her representative to be present during the examination or processing.

(3AA) The executing officer need not comply with paragraph (3)(a) or (b) if he or she believes on reasonable grounds that to do so might:

(a) endanger the safety of a person; or

(b) prejudice an investigation or prosecution.

Time limit on moving a thing

(3A) The thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable:

(a) if the thing is a computer or data storage device—30 days;

(b) otherwise—14 days.

(3B) An executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended.

(3C) The executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application.

(3D) A single extension cannot exceed whichever of the following is applicable:

(a) if the thing is a computer or data storage device—14 days;

(b) otherwise—7 days.

Equipment at warrant premises may be operated

(4) The executing officer of a warrant in relation to premises, or a constable assisting, may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, if the executing officer or constable believes on reasonable grounds that:

(a) the equipment is suitable for the examination or processing; and

(b) the examination or processing can be carried out without damage to the equipment or the thing.

Extended powers of examination and processing

(5) For the purposes of this section, if a computer or data storage device (the relevant computer or device) was found in the course of a search authorised under a warrant, the examination or processing of the relevant computer or device may include:

(a) using:

(i) the relevant computer or device; or

for the purpose of obtaining access to data (the relevant data) that is held in the relevant computer or device in order to determine whether the relevant computer or device is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and

(b) if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the relevant computer or device; and

(c) if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

(ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

(d) to copy any data to which access has been obtained, and that appears to be relevant for the purposes of determining whether the relevant computer or device is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and

(6) For the purposes of this section, if a computer (the relevant computer) was found in the course of a search authorised under a warrant, the examination or processing of the relevant computer may include:

(a) using:

(i) the relevant computer; or

(iv) a person who is the owner or lessee of the relevant computer; or

(v) a person who uses or has used the relevant computer; or

(vi) a deceased person who, before the person’s death, was the owner or lessee of the relevant computer; or

(vii) a deceased person who, before the person’s death, used the relevant computer;

in order to determine whether the relevant computer is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and

(b) if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the relevant computer; and

(c) if, having regard to other methods (if any) of obtaining access to the relevant account‑based data which are likely to be as effective, it is reasonable in all the circumstances to do so:

(ii) if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

(d) to copy any data to which access has been obtained, and that appears to be relevant for the purposes of determining whether the relevant computer is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and

(7) Subsections (5) and (6) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:

unless the addition, deletion or alteration, or the doing of the thing, is necessary to determine:

(iii) in the case of subsection (5)—whether the relevant computer or device is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, referred to in that subsection; or

(iv) in the case of subsection (6)—whether the relevant computer is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, referred to in that subsection; or

(8) In the case of a warrant that was in force in relation to premises, it is immaterial whether a thing mentioned in subsection (5) or (6) is done:

(a) at the premises; or

(9) In the case of a warrant that was in force in relation to a person, it is immaterial whether a thing mentioned in subsection (5) or (6) is done:

(a) in the presence of the person; or

3L Use of electronic equipment at premises

(1) The executing officer of a warrant in relation to premises, or a constable assisting, may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she suspects on reasonable grounds that the data constitutes evidential material or suggests the existence of a digital asset that may be seized under the warrant.

Note: A constable can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 3LA.

(1A) If the executing officer or constable assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material or suggests the existence of a digital asset that may be seized under the warrant, he or she may:

(a) copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device brought to the premises; or

(b) if the occupier of the premises agrees in writing—copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device at the premises;

and take the device from the premises.

(1B) If:

(a) the executing officer or constable assisting takes the device from the premises; and

(b) the Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings;

the Commissioner must arrange for:

(d) the destruction of any other reproduction of the data in the control of the Australian Federal Police.

(2) If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so or finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under the warrant, he or she may:

(b) if the material or thing can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material or thing in that form and seize the documents so produced.

(3) A constable may seize equipment under paragraph (2)(a) only if:

(a) it is not practicable to copy the data as mentioned in subsection (1A) or to put the material or thing in documentary form as mentioned in paragraph (2)(b); or

(b) possession by the occupier of the equipment could constitute an offence.

(4) If the executing officer or a constable assisting suspects on reasonable grounds that:

(a) evidential material may be accessible by operating electronic equipment at the premises; and

(b) expert assistance is required to operate the equipment; and

(c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

(5) The executing officer or a constable assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

(6) The equipment may be secured:

(a) for a period not exceeding 24 hours; or

(b) until the equipment has been operated by the expert;

whichever happens first.

(7) If the executing officer or a constable assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to an issuing officer for an extension of that period.

(8) The executing officer or a constable assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.

(9) The provisions of this Division relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.

3LAA Use of electronic equipment at other place

(1) If electronic equipment is moved to another place under subsection 3K(2), the executing officer or a constable assisting may operate the equipment to:

(a) access data (including data held at another place); or

(b) access account‑based data.

(2) If the executing officer or constable assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, or suggests the existence of a digital asset that may be seized under a warrant, he or she may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.

(3) If the Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must arrange for:

(a) the removal of the data from any device in the control of the Australian Federal Police; and

(b) the destruction of any other reproduction of the data in the control of the Australian Federal Police.

(4) If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so or finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under a warrant, he or she may:

(b) if the material or thing can be put in documentary form—put the material or thing in that form and seize the documents so produced.

(5) A constable may seize equipment under paragraph (4)(a) only if:

(a) it is not practicable to copy the data as mentioned in subsection (2) or to put the material or thing in documentary form as mentioned in paragraph (4)(b); or

(b) possession of the equipment, by the person referred to in paragraph 3K(2)(b) or (c) (as the case requires), could constitute an offence.

3LA Person with knowledge of a computer or a computer system to assist access etc.

(1) A constable may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a constable to do one or more of the following:

(a) access data held in, or accessible from, a computer or data storage device that:

(i) is on warrant premises; or

(ia) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 3E; or

(ii) has been moved under subsection 3K(2) and is at a place for examination or processing; or

(iii) has been seized under this Division;

(b) copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;

(i) data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or

(ii) data held in a data storage device to which the data was copied as described in paragraph (b); or

(iii) data held in a data storage device removed from warrant premises under subsection 3L(1A).

(2) The magistrate may grant the order if the magistrate is satisfied that:

(a) there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer or data storage device; and

(b) the specified person is:

(i) reasonably suspected of having committed the offence stated in the relevant warrant; or

(ii) the owner or lessee of the computer or device; or

(iii) an employee of the owner or lessee of the computer or device; or

(iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or

(v) a person who uses or has used the computer or device; or

(vi) a person who is or was a system administrator for the system including the computer or device; and

(i) the computer or device or a computer network of which the computer or device forms or formed a part; or

(ii) measures applied to protect data held in, or accessible from, the computer or device.

(a) the computer or data storage device that is the subject of the order is seized under this Division; and

(b) the order was granted on the basis of an application made before the seizure;

the order does not have effect on or after the seizure.

Note: An application for another order under this section relating to the computer or data storage device may be made after the seizure.

(4) If the computer or data storage device is not on warrant premises, the order must:

(a) specify the period within which the person must provide the information or assistance; and

(b) specify the place at which the person must provide the information or assistance; and

(c) specify the conditions (if any) determined by the magistrate as the conditions to which the requirement on the person to provide the information or assistance is subject.

Offences

(5) A person commits an offence if:

(d) the omission contravenes the requirement.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(6) A person commits an offence if:

(d) the omission contravenes the requirement; and

(e) the offence to which the relevant warrant relates is:

(i) a serious offence; or

(ii) a serious terrorism offence.

Penalty: Imprisonment for 10 years or 600 penalty units, or both.

Additional use of information etc.

(7) If information or assistance is provided under this section in connection with an investigation into one or more alleged offences, this Act does not, by implication, prevent the information or assistance from being used in connection with the execution of an account takeover warrant (within the meaning of Part IAAC) that relates to that investigation.

3LB Accessing data held on certain premises—notification to occupier of that premises

(a) data is accessed, in relation to a warrant, under subsection 3L(1) or 3LAA(1); and

(aa) either:

(i) if the warrant is in relation to premises—the data is held on premises other than the warrant premises; or

(ii) if the warrant is in relation to a person—the data is held on any premises; and

(b) it is practicable to notify the occupier of the premises on which the data is held that the data has been accessed under a warrant;

the executing officer must:

(d) if the executing officer has arranged, or intends to arrange, for continued access to the data under subsection 3L(1A) or (2) or 3LAA(2) or (4)—include that information in the notification.

(2) A notification under subsection (1) must include sufficient information to allow the occupier of the premises on which the data is held to contact the executing officer.

Compensation for damage to equipment

3M Compensation for damage to equipment

(a) as a result of equipment being operated as mentioned in subsection 3FA(7) or section 3K, 3L or 3LAA:

(ii) damage is caused to data recorded on the equipment or data access to which was obtained from the operation of the equipment; or

(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.

(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.

(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.

(5) Compensation is payable out of money appropriated by the Parliament.

(6) For the purposes of subsection (1):

Copies of seized things to be provided

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.

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

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

(aa) 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.

Occupier entitled to be present during search

3P Occupier entitled to be present during search

(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject to Part IC, entitled to observe the search being conducted.

Receipts for things seized under warrant or moved

3Q Receipts for things seized under warrant or moved

(1) If a thing is seized under a warrant or moved under subsection 3K(2), the executing officer or a constable assisting must provide a receipt for the thing.

(2) If 2 or more things are seized or moved, they may be covered in the one receipt.

Warrants by telephone or other electronic means

3R Warrants by telephone or other electronic means

(1) A constable may make an application to an issuing officer for a warrant by telephone, telex, fax or other electronic means:

(a) in an urgent case; or

(b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

(2) The issuing officer:

(3) An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn.

(4) If an application is made to an issuing officer under this section and the issuing officer, after considering the information and having received and considered such further information (if any) as the issuing officer required, is satisfied that:

(a) a warrant in the terms of the application should be issued urgently; or

(b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;

the issuing officer may complete and sign the same form of warrant that would be issued under section 3E.

(5) If the issuing officer decides to issue the warrant, the issuing officer is to inform the applicant, by telephone, telex, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

(6) The applicant must then complete a form of warrant in terms substantially corresponding to those given by the issuing officer, stating on the form the name of the issuing officer and the day on which and the time at which the warrant was signed.

(7) The applicant must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the issuing officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.

(8) The issuing officer is to attach to the documents provided under subsection (7) the form of warrant completed by the issuing officer.

(9) If:

(a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and

(b) the form of warrant signed by the issuing officer is not produced in evidence;

the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

Restrictions on personal searches

3S Restrictions on personal searches

A warrant cannot authorise a strip search or a search of a person’s body cavities.

3SA Relationship of this Division to parliamentary privileges and immunities

To avoid doubt, this Division does not affect the law relating to the powers, privileges and immunities of any of the following:

Division 3—Stopping and searching conveyances

Searches without warrant in emergency situations

3T Searches without warrant in emergency situations

(1) This section applies if a constable suspects, on reasonable grounds, that:

(a) a thing relevant to an indictable offence is in or on a conveyance; and

(b) it is necessary to exercise a power under subsection (2) in order to prevent the thing from being concealed, lost or destroyed; and

(c) it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

(2) The constable may:

(a) stop and detain the conveyance; and

(b) search the conveyance and any container in or on the conveyance, for the thing; and

(3) If, in the course of searching for the thing, the constable finds another thing relevant to an indictable offence or a thing relevant to a summary offence, the constable may seize that thing if he or she suspects, on reasonable grounds, that:

(a) it is necessary to seize it in order to prevent its concealment, loss or destruction; and

(b) it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.

(4) The constable must exercise his or her powers subject to section 3U.

How a constable exercises a power under section 3T

3U How a constable exercises a power under section 3T

When a constable exercises a power under section 3T in relation to a conveyance, he or she:

(a) may use such assistance as is necessary; and

(b) must search the conveyance in a public place or in some other place to which members of the public have ready access; and

(c) must not detain the conveyance for longer than is necessary and reasonable to search it and any container found in or on the conveyance; and

(d) may use such force as is necessary and reasonable in the circumstances, but must not damage the conveyance or any container found in or on the conveyance by forcing open a part of the conveyance or container unless:

(i) the person (if any) apparently in charge of the conveyance has been given a reasonable opportunity to open that part or container; or

(ii) it is not possible to give that person such an opportunity.

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Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Crimes Act 1914

No. 12, 1914

Compilation No. 165

Compilation date: 18 February 2026

Includes amendments: Act No. 1, 2026

This compilation is in 3 volumes

Volume 1: sections 1‑15F

Volume 2: sections 15G‑23W

Volume 3: sections 23WA‑91

Schedule

Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Crimes Act 1914 that shows the text of the law as amended and in force on 18 February 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.