3ZPower of arrest without warrant by other persons

3Z  Power of arrest without warrant by other persons  (1) A person who is not a constable may, without warrant, arrest another person if he or she believes on reasonable grounds that:  (a) the other person is committing or has just committed an indictable offence; and  (b) proceedings by summons against the other person would not achieve one or more of the purposes referred to in paragraph 3W(1)(b).  (2) A person who arrests another person under subsection (1) must, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a constable. 3ZA  Warrants for arrest  (1) An issuing officer must not, under a law of a State or Territory applied by section 68 of the Judiciary Act 1903, issue a warrant for the arrest of a person for an offence as a result of an information laid before the officer unless:  (a) the information is on oath; and  (b) except where the issuing officer is informed that the warrant is sought for the purpose of making a request for the extradition of a person from a foreign country—the informant has given the issuing officer an affidavit setting out the reasons why the warrant is sought, including:  (i) the reasons why it is believed that the person committed the offence; and  (ii) the reasons why it is claimed that proceedings by summons would not achieve one or more of the purposes set out in paragraph 3W(1)(b); and  (c) if the issuing officer has requested further information concerning the reasons for which the issue of the warrant is sought—that information has been provided to the officer; and  (d) the issuing officer is satisfied that there are reasonable grounds for the issue of the warrant.  (2) If an issuing officer issues such a warrant, the officer must write on the affidavit which of the reasons specified in the affidavit, and any other reasons, he or she has relied on as justifying the issue of the warrant. 3ZB  Power to enter premises to arrest offender  (1) Subject to subsection (3), if:  (a) a constable has, under a warrant, power to arrest a person for an offence; and  (b) the constable believes on reasonable grounds that the person is on any premises; the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.  (2) Subject to subsection (3), if:  (a) a constable may, under section 3W or 3WA, arrest a person without warrant for an offence; and  (b) the offence is an indictable offence; and  (c) the constable believes on reasonable grounds that the person is on any premises; the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.  (3) A constable must not enter a dwelling house under subsection (1) or (2) at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the constable believes on reasonable grounds that:  (a) it would not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time; or  (b) it is necessary to do so in order to prevent the concealment, loss or destruction of evidence relating to the offence.  (4) In subsection (3): dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night. 3ZC  Use of force in making arrest  (1) A person must not, in the course of arresting another person for an offence, use more force, or subject the other person to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the other person after the arrest.  (2) Without limiting the operation of subsection (1), a constable must not, in the course of arresting a person for an offence:  (a) do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the constable believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the constable); or  (b) if the person is attempting to escape arrest by fleeing—do such a thing unless:  (i) the constable believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the constable); and  (ii) the person has, if practicable, been called on to surrender and the constable believes on reasonable grounds that the person cannot be apprehended in any other manner. 3ZD  Persons to be informed of grounds of arrest  (1) A person who arrests another person for an offence must inform the other person, at the time of the arrest, of the offence for which the other person is being arrested.  (2) It is sufficient if the other person is informed of the substance of the offence, and it is not necessary that this be done in language of a precise or technical nature.  (3) Subsection (1) does not apply to the arrest of the other person if:  (a) the other person should, in the circumstances, know the substance of the offence for which he or she is being arrested; or  (b) the other person’s actions make it impracticable for the person making the arrest to inform the other person of the offence for which he or she is being arrested. 3ZE  Power to conduct a frisk search of an arrested person   A constable who arrests a person for an offence, or who is present at such an arrest, may, if the constable suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items:  (a) conduct a frisk search of the person at or soon after the time of arrest; and  (b) seize any seizable items found as a result of the search. 3ZF  Power to conduct an ordinary search of an arrested person   A constable who arrests a person for an offence, or who is present at such an arrest, may, if the constable suspects on reasonable grounds that the person is carrying:  (a) evidential material in relation to that or another offence; or  (b) a seizable item; conduct an ordinary search of the person at or soon after the time of arrest, and seize any such thing found as a result of the search. 3ZG  Power to conduct search of arrested person’s premises   A constable who arrests a person at premises for an offence, or who is present at such an arrest, may seize things in plain view at those premises that the constable believes on reasonable grounds to be:  (a) evidential material in relation to that or another offence; or  (b) seizable items. 3ZH  Power to conduct an ordinary search or a strip search  (1) If a person who has been arrested for an offence is brought to a police station, a constable may:  (a) if an ordinary search of the person has not been conducted—conduct an ordinary search of the person; or  (b) subject to this section, conduct a strip search of the person.  (2) A strip search may be conducted if:  (a) a constable suspects on reasonable grounds that the person has in his or her possession:  (i) a seizable item; or  (ii) evidential material (other than forensic material as defined in Part ID) in relation to that or another offence; and  (b) the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item or evidential material; and  (c) a constable of the rank of superintendent or higher has approved the conduct of the search.  (2A) If:  (a) in the course of carrying out a strip search, the constable comes to believe on reasonable grounds that the carrying out of a forensic procedure would be likely to produce evidence relating to the offence for which the person has been arrested or any other offence; and  (b) Part ID provides for the carrying out of such a forensic procedure; the forensic procedure must not be carried out except in accordance with Part ID.  (2B) The conducting of a strip search may include taking photographs of evidential material found on the person, whether or not taking photographs is a forensic procedure provided for by Part ID.  (3) Subject to section 3ZI, a strip search may also be conducted if the person consents in writing.  (3A) Subsection (3) does not authorise the conduct of a strip search for the purpose of obtaining forensic material as defined in Part ID. Such a search must not be conducted except in accordance with Part ID.  (4) Subject to section 3ZI, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.  (5) The approval may be obtained by telephone, telex, fax or other electronic means.  (6) A constable who gives or refuses to give an approval for the purposes of paragraph (2)(c) must make a record of the decision and of the reasons for the decision.  (7) Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).  (8) Any item of a kind referred to in paragraph (2)(a) that is found during a strip search may be seized. 3ZI  Rules for conduct of strip search  (1) A strip search:  (a) must be conducted in a private area; and  (b) must be conducted by a constable who is of the same sex as the person being searched; and  (c) subject to subsections (3) and (4), must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; and  (d) must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search; and  (e) must not be conducted on a person who is under 10; and  (f) if the person being searched is at least 10 but under 18, or is incapable of managing his or her affairs:  (i) may only be conducted if the person has been arrested and charged or if a magistrate orders that it be conducted; and  (ii) must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person; and  (g) must not involve a search of a person’s body cavities; and  (h) must not involve the removal of more garments than the constable conducting the search believes on reasonable grounds to be necessary to determine whether the person has in his or her possession the item searched for or to establish the person’s involvement in the offence; and  (i) must not involve more visual inspection than the constable believes on reasonable grounds to be necessary to establish the person’s involvement in the offence.  (2) In deciding whether to make an order referred to in paragraph (1)(f), the magistrate must have regard to:  (3) A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if a medical practitioner of the same sex as the person being searched is not available within a reasonable time.  (4) Paragraph (1)(c) does not apply to a parent, guardian or personal representative of the person being searched if the person being searched has no objection to the person being present.  (5) If any of a person’s garments are seized as a result of a strip search, the person must be provided with adequate clothing. 3ZJ  Taking fingerprints, recordings, samples of handwriting or photographs  (1) In this section and in sections 3ZK and 3ZL: identification material, in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V.  (2) A constable must not:  (a) take identification material from a person who is in lawful custody in respect of an offence except in accordance with this section; or  (b) require any other person to submit to the taking of identification material, but nothing in this paragraph prevents such a person consenting to the taking of identification material.  (3) If a person is in lawful custody in respect of an offence, a constable who is of the rank of sergeant or higher or who is for the time being in charge of a police station may take identification material from the person, or cause identification material from the person to be taken, if:  (a) the person consents in writing; or  (b) the constable believes on reasonable grounds that it is necessary to do so to:  (i) establish who the person is; or  (ii) identify the person as the person who committed the offence; or  (iii) provide evidence of, or relating to, the offence; or  (ba) both of the following apply:  (i) the identification material taken, or caused to be taken, is fingerprints or photographs (including video recordings) of the person;  (ii) the offence is punishable by imprisonment for a period of 12 months or more; or  (c) the constable suspects on reasonable grounds that the person has committed another offence and the identification material is to be taken for the purpose of identifying the person as the person who committed the other offence or of providing evidence of, or relating to, the other offence.  (4) A constable may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section.  (5) Subject to subsection (9), a constable must not take identification material from a person who is under 10.  (6) Subject to this section, a constable must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from a suspect who:  (a) is at least 10 but under 18, or is incapable of managing his or her affairs; and  (b) has not been arrested and charged; unless a magistrate orders that the material be taken.  (6A) A constable must not take hand prints, finger prints, foot prints or toe prints from a suspect who:  (a) is at least 10 but under 18, or is incapable of managing his or her affairs; and  (b) has not been arrested and charged; except in accordance with Part ID.  (7) In deciding whether to make such an order, the magistrate must have regard to:  (8) The taking of identification material from a person who:  (a) is under 18; or  (b) is incapable of managing his or her affairs; must be done in the presence of:  (c) a parent or guardian of the person; or  (d) if the parent or guardian of the person is not acceptable to the person, another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.  (9) Despite this section, identification material may be taken from a person who:  (a) is not a suspect; and  (b) is under 10 or is incapable of managing his or her affairs; if a magistrate orders that the material be taken.  (10) Despite this section, identification material may be taken from a person who:  (a) is not a suspect; and  (b) is at least 10 but under 18; and  (c) is capable of managing his or her affairs; if one of the following paragraphs applies:  (d) the person agrees in writing to the taking of the material and a parent or guardian of the person also agrees in writing or, if a parent or guardian is not acceptable to the person, another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person also agrees in writing;  (e) if:  (i) one of those persons agrees in writing to the taking of the material but the other does not; and  (ii) a magistrate orders that the material be taken.  (11) In deciding whether to make such an order, the magistrate must have regard to the matters set out in subsection (7).  (12) Despite this section, identification material may be taken from a person who:  (a) is at least 18; and  (b) is capable of managing his or her affairs; and  (c) is not a suspect; if the person consents in writing. 3ZK  Destruction of identification material  (a) identification material has been taken from a person under section 3ZJ; and  (b) a period of 12 months has elapsed since the identification material was taken; and  (c) proceedings in respect of an offence to which the investigation material relates have not been instituted or have been discontinued; the identification material must be destroyed as soon as practicable.  (2) If identification material has been taken from a person under section 3ZJ and:  (a) the person is found to have committed an offence to which the identification material relates but no conviction is recorded; or  (b) the person is acquitted of such an offence and:  (i) no appeal is lodged against the acquittal; or  (ii) an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn; the identification material must be destroyed as soon as practicable unless an investigation into, or a proceeding against the person for, another offence to which the identification material relates is pending.  (3) A magistrate may, on application by a constable, extend the period of 12 months referred to in subsection (1) or that period as previously extended under this subsection in relation to particular identification material if the magistrate is satisfied that there are special reasons for doing so. 3ZL  Offence of refusing to allow identification material to be taken  (1) If a person is convicted of an offence, the judge or magistrate presiding at the proceedings at which the person was convicted may order:  (a) the person to attend a police station; or  (b) that a constable be permitted to attend on the person in a place of detention; within one month after the conviction to allow impressions of the person’s fingerprints and/or or a photograph of the person to be taken in accordance with the order.  (2) A person must not refuse or fail to allow those impressions or a photograph of the person to be taken. Penalty: Imprisonment for 12 months.  (3) Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).  (3A) The judge or magistrate may also make any other orders that are reasonably necessary for ensuring that the impressions of the person’s fingerprints and/or a photograph of the person are taken in accordance with the order under subsection (1). For example, the judge or magistrate may order the person to attend a specified police station at a specified time.  (3B) A person commits an offence if:  (a) the person is subject to an order under subsection (3A); and  (c) the person’s conduct contravenes the order. Penalty: Imprisonment for 12 months.  (3C) In this section: engage in conduct means:  (a) do an act; or  (b) omit to perform an act.  (4) Nothing in this section derogates from the right to use the provisions of Part ID as authority for the taking of fingerprints from a prescribed offender or a serious offender.  (5) In subsection (4), prescribed offender and serious offender have the meanings given in subsection 23WA(1). 3ZM  Identification parades  (1) This section applies to identification parades held in relation to offences.  (2) Subject to subsection (3) and to section 3ZN, an identification parade:  (a) may be held if the suspect agrees; or  (b) must be held if:  (i) the suspect has requested that an identification parade be held; and  (ii) it is reasonable in the circumstances to do so.  (2A) Without limiting the matters that may be taken into account in determining whether it is reasonable in the circumstances to hold an identification parade, the following must be taken into account:  (a) the kind of offence, and the gravity of the offence, concerned;  (b) the likely importance in the circumstances of the evidence of identification;  (c) the practicality of holding an identification parade, having regard, among other things:  (i) if the suspect fails to cooperate in the conduct of the parade—to the manner and extent of, and the reason (if any) for, the failure; and  (ii) in any case—to whether an identification was made at or about the time of the commission of the offence; and  (d) the appropriateness of holding an identification parade, having regard, among other things, to the relationship (if any) between the suspect and the person who may make an identification at the identification parade.  (3) An identification parade must not be held unless the suspect has been informed that:  (a) he or she is entitled to refuse to take part in the parade; and  (b) if he or she refuses to take part in the parade:  (i) evidence of the refusal may be given in later proceedings relating to an offence, for the purpose of explaining why an identification parade was not held; and  (ii) evidence may be given in such proceedings of any identification of the suspect by a witness as a result of having seen a photograph or having seen the suspect otherwise than during an identification parade; and  (c) in addition to any requirement under section 3ZN, a legal representative or other person of the suspect’s choice may be present while the person is deciding whether to take part in the parade, and during the holding of the parade, if arrangements for that person to be present can be made within a reasonable time.  (4) The giving of the information referred to in subsection (3) must be recorded by a video recording or an audio recording.  (5) An identification parade must be arranged and conducted in a manner that will not unfairly prejudice the suspect.  (6) Without limiting the intent of subsection (5), an identification parade must be arranged and conducted in accordance with the following rules:  (a) the parade must consist of at least 9 persons;  (b) each of the persons who is not the suspect must:  (i) resemble the suspect in age, height and general appearance; and  (ii) not have features that will be visible during the parade that are markedly different from those of the suspect as described by the witness before viewing the parade;  (c) unless it is impracticable for another constable to arrange or conduct the parade, no constable who has taken part in the investigation relating to the offence may take part in the arrangements for, or the conduct of, the parade;  (d) no person in the parade is to be dressed in a way that would obviously distinguish him or her from the other participants;  (e) if it is practicable to do so, numbers should be placed next to each participant in order to allow the witness to make an identification by indicating the number of the person identified;  (f) the parade may take place so that the witness can view the parade without being seen if the witness requests that it take place in such a manner and:  (i) a legal representative or other person of the suspect’s choice is present with the witness; or  (ii) the parade is recorded by a video recording;  (g) nothing is to be done that suggests or is likely to suggest to a witness which member of the parade is the suspect;  (h) if the witness so requests, members of the parade may be required to speak, move or adopt a specified posture but, if this happens, the witness must be reminded that the members of the parade have been chosen on the basis of physical appearance only;  (i) the suspect may select where he or she wishes to stand in the parade;  (j) if more than one witness is to view the parade:  (i) each witness must view the parade alone; and  (ii) the witnesses are not to communicate with each other at a time after arrangements for the parade have commenced and before each of them has viewed the parade; and  (iii) the suspect may change places in the parade after each viewing;  (k) each witness must be told that:  (i) the suspect may not be in the parade; and  (ii) if he or she is unable to identify the suspect with reasonable certainty he or she must say so;  (l) the parade must be recorded by a video recording if it is practicable to do so and, if that is done, a copy of the video recording must be made available to the suspect or his or her legal representative as soon as it is practicable to do so;  (m) if the parade is not recorded by a video recording:  (i) the parade must be photographed in colour; and  (ii) a print of a photograph of the parade that is at least 250mm  200mm in size must be made available to the suspect or his or her legal representative; and  (iii) the constable in charge of the parade must take all reasonable steps to record everything said and done at the parade and must make a copy of the record available to the suspect or his or her legal representative;  (n) the suspect may have present during the holding of the parade a legal representative or other person of his or her choice if arrangements for that person to be present can be made within a reasonable time.  (7) Nothing in this Act affects the determination of the following questions:  (a) whether or not evidence of a suspect having refused to take part in an identification parade is admissible;  (b) if evidence of such a refusal is admissible, what inferences (if any) may be drawn by a court or jury from the refusal;  (c) whether, after such a refusal, evidence of alternative methods of identification is admissible.  (8) If a witness is, under the supervision of a constable, to attempt to identify a suspect otherwise than during an identification parade, the constable must ensure that the attempted identification is done in a manner that is fair to the suspect. 3ZN  Identification parades for suspects under 18 etc.  (1) An identification parade must not be held for a suspect who is under 10.  (2) An identification parade must not be held for a suspect who is incapable of managing his or her affairs unless a magistrate orders that it be held.  (3) An identification parade must not be held for a suspect who:  (a) is at least 10 but under 18; and  (b) is capable of managing his or her affairs; unless one of the following paragraphs applies:  (c) the suspect agrees to or requests in writing the holding of the parade and a parent or guardian of the suspect agrees in writing to the holding of the parade or, if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect agrees in writing to the holding of the parade;  (d) if:  (i) one of those persons agrees in writing to the holding of the parade but the other does not; and  (ii) a magistrate orders that the parade be held.  (4) In deciding whether to make such an order, the magistrate must have regard to:  (5) An identification parade for a suspect who is under 18 or is incapable of managing his or her affairs must be held in the presence of:  (a) a parent or guardian of the suspect; or  (b) if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect. 3ZO  Identification by means of photographs  (1) If a suspect is in custody in respect of an offence or is otherwise available to take part in an identification parade, a constable investigating the offence must not show photographs, or composite pictures or pictures of a similar kind, to a witness for the purpose of establishing, or obtaining evidence of, the identity of the suspect unless:  (a) the suspect has refused to take part in an identification parade; or  (aa) the suspect’s appearance has changed significantly since the offence was committed; or  (b) the holding of an identification parade would be:  (i) unfair to the suspect; or  (ii) unreasonable in the circumstances.  (1A) Without limiting the matters that may be taken into account in determining whether it would be unreasonable in the circumstances to hold an identification parade, the following must be taken into account:  (a) the kind of offence, and the gravity of the offence, concerned;  (b) the likely importance in the circumstances of the evidence of identification;  (c) the practicality of holding an identification parade, having regard, among other things:  (i) if the suspect fails to cooperate in the conduct of the parade—to the manner and extent of, and the reason (if any) for, the failure; and  (ii) in any case—to whether an identification was made at or about the time of the commission of the offence; and  (d) the appropriateness of holding an identification parade, having regard, among other things, to the relationship (if any) between the suspect and the person who may make an identification at the identification parade.  (2) If a constable investigating an offence shows photographs or pictures to a witness for the purpose of establishing, or obtaining evidence of, the identity of a suspect, whether or not the suspect is in custody, the following rules apply:  (a) the constable must show to the witness photographs or pictures of at least 9 different persons;  (b) each photograph or picture of a person who is not the suspect must be of a person who:  (i) resembles the suspect in age and general appearance; and  (ii) does not have features visible in the photograph or picture that are markedly different from those of the suspect as described by the witness before viewing the photographs or pictures;  (ba) the photographs or pictures shown to the witness must not suggest that they are photographs or pictures of persons in police custody;  (c) the constable must not, in doing so, act unfairly towards the suspect or suggest to the witness that a particular photograph or picture is the photograph or picture of the suspect or of a person who is being sought by the police in respect of an offence;  (d) if practicable, the photograph or picture of the suspect must have been taken or made after he or she was arrested or was considered as a suspect;  (e) the witness must be told that a photograph or picture of the suspect may not be amongst those being seen by the witness;  (f) the constable must keep, or cause to be kept, a record identifying each photograph or picture that is shown to the witness;  (g) the constable must notify the suspect or his or her legal representative in writing that a copy of the record is available for the suspect;  (h) the constable must retain the photographs or pictures shown, and must allow the suspect or his or her legal representative, upon application, an opportunity to inspect the photographs or pictures.  (a) a photograph or picture of a person who is suspected in relation to the commission of an offence is shown to a witness; and  (b) the photograph was taken or the picture made after the suspect was arrested or was considered to be a suspect; and  (c) proceedings in relation to the offence referred to in paragraph (a) or another offence arising out of the same course of conduct for which the photograph was taken or picture made are brought against the suspect before a jury; and  (d) the photograph or picture is admitted into evidence; the jury must be informed that the photograph was taken or the picture made after the suspect was arrested or was considered as a suspect.  (4) If a suspect is in custody in respect of an offence, a constable investigating the offence must not show a composite picture or a picture of a similar kind to a witness for the purpose of assisting the witness to describe the features of the suspect.  (5) If, after a constable investigating an offence has shown to a witness a composite picture or a picture of a similar kind for the purpose referred to in subsection (4):  (a) a suspect comes into custody in respect of the offence; and  (b) an identification parade is to be held in relation to the suspect; the constable in charge of the investigation of the offence may, unless doing so would be unfair to the suspect or be unreasonable in the circumstances, request the witness to attend the identification parade and make the necessary arrangements for the witness to attend.  (6) If, after the witness has been shown a composite picture or a picture of a similar kind for the purpose referred to in subsection (4), a person is charged with the offence, the constable in charge of investigating the offence must, upon application by that person or his or her legal representative, provide him or her with particulars of any such picture shown to the witness and the comments (if any) of the witness concerning the picture.  (7) If a suspect is in custody in respect of an offence and a constable investigating the offence wishes to investigate the possibility that a person other than the suspect committed the offence, subsection (4) does not prevent a constable from taking action referred to in that subsection for the purpose of assisting a witness to describe the features of a person other than the suspect. 3ZP  Identification procedures where there is more than one suspect   If:  (a) a constable is attempting to ascertain:  (i) which of 2 or more suspects committed an offence; or  (ii) the identities of 2 or more suspects who may have been jointly involved in an offence; and  (b) for that purpose, the constable intends to conduct an identification parade or to identify a person by showing a photograph or a picture of a suspect to a person; the constable must undertake a separate identification process for each of the suspects. 3ZQ  Descriptions  (1) If a description of a suspect is given to a constable in relation to an offence, the constable must ensure that a record of the description is made and that the record is retained until any proceedings in respect of the offence are completed.  (2) Subject to subsection (4), a constable must, if requested to do so by a person who has been charged with an offence, provide the person with the name of every person who, to the knowledge of the constable, claims to have seen, at or about the time of the commission of the offence, a person who is suspected of being involved in its commission.  (a) a record of a description of a person is made under subsection (1); and  (b) the person is charged with an offence to which the description relates; a constable must notify the person or his or her legal representative in writing that a copy of the record, and of any other record of a description that the constable knows about of a person who is suspected of being involved in the commission of the offence, is available for the person.  (4) If the constable suspects on reasonable grounds that providing the name of a person under subsection (2) could:  (a) place the person in danger; or  (b) expose the person to harassment or unreasonable interference; the constable is not required to provide the name of the person. Division 4A—Determining a person’s age Subdivision A—Preliminary 3ZQA  Definitions  (1) In this Division: age determination information means a record, or information, relating to a person that is obtained by carrying out a prescribed procedure. appropriately qualified, in relation to the carrying out of a prescribed procedure, means:  (a) having suitable professional qualifications or experience to carry out the prescribed procedure; or  (b) qualified under the regulations to carry out the prescribed procedure. Commonwealth offence means:  (a) an offence against a law of the Commonwealth, other than an offence that is a service offence for the purposes of the Defence Force Discipline Act 1982; or  (b) a State offence that has a federal aspect. investigating official means:  (a) a member or special member of the Australian Federal Police; or  (b) a member of the police force of a State or Territory; or  (c) a person who holds an office the functions of which include the investigation of Commonwealth offences and who is empowered by a law of the Commonwealth because of the holding of that office to make arrests in respect of such offences. prescribed procedure means a procedure specified by regulations made for the purposes of subsection (2) to be a prescribed procedure for determining a person’s age.  (2) The regulations may specify a particular procedure to be a prescribed procedure for determining a person’s age.  (3) A procedure prescribed for the purposes of subsection (2):  (a) may involve the operation of particular equipment that is specified for the purpose; and  (b) must require that equipment to be operated by an appropriately qualified person.  (4) Before the Governor‑General makes a regulation for the purposes of subsection (2), the Minister must consult with the Minister responsible for the administration of the Therapeutic Goods Act 1989. Subdivision B—Determination of age during investigation 3ZQB  Circumstances where investigating official may seek authority to carry out a prescribed procedure  (a) an investigating official suspects, on reasonable grounds, that a person may have committed a Commonwealth offence; and  (b) it is necessary to determine whether or not the person is, or was, at the time of the alleged commission of the offence, under 18 because that question is relevant to the rules governing the person’s detention, the investigation of the offence or the institution of criminal proceedings; the investigating official may, whether or not the person is in custody at the time, arrange for the carrying out of a prescribed procedure in respect of the person only if:  (c) the investigating official obtains, in accordance with section 3ZQC, the requisite consents to the carrying out of the procedure in respect of the person; or  (d) a magistrate orders, on application by the investigating official, the carrying out of the procedure in respect of the person.  (2) An application to a magistrate by an investigating official for the purposes of paragraph (1)(d) may be made:  (a) in person; or  (b) by telephone, telex, fax or other electronic means.  (3) In deciding whether to make such an order on application by an investigating official, the magistrate must be satisfied that:  (a) there are reasonable grounds for the suspicion that the person has committed a Commonwealth offence; and  (b) there is uncertainty as to whether or not the person is, or was, at the time of the alleged commission of the offence, under 18; and  (c) the uncertainty will need to be resolved in order to determine the application of the rules governing the person’s detention, the investigation of the offence or the institution of criminal proceedings. 3ZQC  Obtaining of consents for the carrying out of a prescribed procedure  (1) For the purposes of paragraph 3ZQB(1)(c), an investigating official is taken to have obtained the requisite consents to the carrying out of a prescribed procedure in respect of a person if the following persons agree in writing to the carrying out of the procedure:  (a) the person in respect of whom it is sought to carry out the procedure;  (i) a parent or guardian of the person; or  (ii) if a parent or guardian is not available or is not acceptable to the person—an independent adult person (other than an investigating official involved in the investigation of the person) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.  (2) Before seeking the consents referred to in subsection (1), an investigating official must first inform each of the persons from whom such a consent is being sought, in a language in which the person is able to communicate with reasonable fluency:  (a) the purpose and reasons for which the prescribed procedure is to be carried out; and  (b) the nature of the procedure; and  (c) if the procedure involves the operation of particular equipment—the nature of that equipment; and  (d) that the information obtained from the carrying out of the procedure could affect the manner of dealing with the person on whom the procedure is to be carried out; and  (e) the known risks (if any) that would be posed to the health of the person on whom the procedure is to be carried out; and  (ea) that the persons giving the requisite consent may withdraw that consent at any time; and  (f) that the seeking of the requisite consent and any giving of such consent was being, or would be, recorded; and  (g) that the persons giving the requisite consent are each entitled to a copy of that record; and  (h) that the person on whom the procedure is to be carried out may have, so far as is reasonably practicable, a person of his or her choice present while the procedure is carried out.  (3) The requisite consents may be given:  (a) in person; or  (b) by telephone, telex, fax or other electronic means.  (4) Nothing in this section affects the rights of a person under Part IC, in particular a person’s rights under:  (a) section 23G (Right to communicate with friend, relative and legal practitioner); or  (b) section 23P (Right of foreign national to communicate with consular office). 3ZQD  Withdrawal of consent   If a person who has given consent to the carrying out of a prescribed procedure expressly withdraws consent to the carrying out of that procedure (or if the withdrawal of such consent can reasonably be inferred from the person’s conduct) before or during the carrying out of the procedure, the carrying out of the procedure is not to proceed otherwise than by order of a magistrate on the application of an investigating official. 3ZQE  Recording of giving of information about carrying out a prescribed procedure and relevant responses  (1) An investigating official must, if practicable, ensure that:  (a) the giving of information about a prescribed procedure and the responses (if any) of the persons to whom the information is given are recorded by audio tape, video tape or other electronic means; and  (b) a copy of the record is made available to the person on whom it is sought to carry out the procedure.  (2) If recording the giving of information and the responses (if any) of the persons to whom the information is given in the manner referred to in subsection (1) is not practicable, the investigating official must ensure that:  (a) a written record of the giving of the information and of the responses (if any) is made; and  (b) a copy of the record is made available to the person on whom it is sought to carry out the procedure. Subdivision C—Determination of age during proceedings 3ZQF  Circumstances where judge or magistrate may order carrying out of a prescribed procedure on own initiative   If:  (a) a person is being prosecuted for a Commonwealth offence; and  (b) the judge or magistrate presiding over the proceedings related to that offence is satisfied that it is necessary to ascertain whether or not the person is, or was, at the time of the alleged commission of that offence, under 18; the judge or magistrate presiding may make an order requiring the carrying out of a prescribed procedure in respect of the person. Subdivision D—Communication of orders by judges or magistrates 3ZQG  Orders made by judges or magistrates concerning carrying out of a prescribed procedure  (1) If a judge or a magistrate orders the carrying out of a prescribed procedure (whether as a result of a request by an investigating official or not), the judge or magistrate must:  (a) ensure that a written record of the order, and of the reasons for the making of the order, is kept; and  (b) ensure that the person on whom the procedure is to be carried out is told by an investigating official in a language in which the person is able to communicate with reasonable fluency:  (i) that an order for the carrying out of the procedure has been made and of the reasons for the making of the order; and  (ii) of the arrangements for the carrying out of the procedure; and  (iii) of the fact that reasonable force may be used to secure the compliance of the person to whom the order relates.  (2) The judge or magistrate may give directions as to the time, place and manner in which the procedure is to be carried out. Subdivision E—Matters relating to the carrying out of prescribed procedures 3ZQH  Appropriate medical or other standards to be applied   A prescribed procedure must be carried out in a manner consistent with either or both of the following:  (a) appropriate medical standards;  (b) appropriate other relevant professional standards. 3ZQI  Reasonable and necessary force   Except where the carrying out of a prescribed procedure to determine a person’s age is undertaken with the consent of that person and of an additional adult person in accordance with section 3ZQC, the person carrying out the procedure, and any person assisting that person, is entitled to use such force as is reasonable and necessary in the circumstances. Subdivision F—Disclosure and destruction of age determination information 3ZQJ  Disclosure of age determination information  (a) the person’s conduct causes the disclosure of age determination information other than as provided by this section; and  (b) the person is reckless as to any such disclosure.  (2) A person may only disclose age determination information:  (a) for a purpose related to establishing and complying with the rules governing:  (i) the detention of the person to whom the age determination information relates; or  (ii) the investigation of a Commonwealth offence by that person; or  (iii) the institution of criminal proceedings against that person for a Commonwealth offence; or  (b) for a purpose related to the conduct of:  (i) the investigation of the person to whom the age determination information relates for a Commonwealth offence; or  (ii) proceedings for a Commonwealth offence against that person; or  (c) for the purpose of an investigation by the Information Commissioner of the Commonwealth or the Commonwealth Ombudsman; or  (d) if the person to whom the age determination information relates consents in writing to the disclosure. Note: A defendant bears an evidential burden in relation to the matters referred to in subsection (2)—see subsection 13.3(3) of the Criminal Code. 3ZQK  Destruction of age determination information  (1) If, in relation to a Commonwealth offence:  (a) age determination information relating to a person has been obtained by carrying out a prescribed procedure; and  (b) 12 months have passed since the carrying out of the procedure; and  (c) proceedings in respect of the offence have not been instituted against the person from whom the information was taken or have discontinued; the information must be destroyed as soon as practicable.  (2) If, in relation to a Commonwealth offence, age determination information relating to a person has been obtained by carrying out a prescribed procedure and:  (a) the person is found to have committed the offence but no conviction is recorded; or  (b) the person is acquitted of the offence and:  (i) no appeal is lodged against the acquittal; or  (ii) an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn; the information must be destroyed as soon as practicable unless an investigation into, or a proceeding against, the person for another Commonwealth offence is pending.  (3) A magistrate may, on application by an investigating official, extend the period of 12 months referred to in subsection (1), or that period as previously extended under this subsection in relation to the information, if the magistrate is satisfied that there are special reasons for doing so. Division 4B—Power to obtain information and documents 3ZQL  Definition authorised AFP officer means:  (a) the Commissioner; or  (b) a Deputy Commissioner; or  (c) a senior executive AFP employee who:  (i) is a member of the Australian Federal Police; and  (ii) is authorised in writing by the Commissioner for the purposes of this paragraph. 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  (1) This section applies if an authorised AFP officer believes on reasonable grounds that an operator of an aircraft or ship has information or documents (including in electronic form) that are relevant to a matter that relates to the doing of a terrorist act (whether or not a terrorist act has occurred or will occur).  (2) The officer may:  (a) ask the operator questions relating to the aircraft or ship, or its cargo, crew, passengers, stores or voyage, that are relevant to the matter; or  (b) request the operator to produce documents relating to the aircraft or ship, or its cargo, crew, passengers, stores or voyage:  (i) that are relevant to the matter; and  (ii) that are in the possession or under the control of the operator.  (3) A person who is asked a question or requested to produce a document under subsection (2) must answer the question or produce the document as soon as practicable.  (4) A person commits an offence if:  (a) the person is an operator of an aircraft or ship; and  (b) the person is asked a question or requested to produce a document under subsection (2); and  (c) the person fails to answer the question or produce the document. Penalty: 60 penalty units.  (5) Subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.  (6) It is a defence to a prosecution for an offence against subsection (4) if the person charged had a reasonable excuse for:  (a) failing to answer the question; or  (b) failing to produce the document. operator has the meaning given by section 4 of the Customs Act 1901. Subdivision C—Power to obtain documents relating to serious terrorism and non‑terrorism offences 3ZQN  Power to obtain documents relating to serious terrorism offences  (1) This section applies if an authorised AFP officer considers on reasonable grounds that a person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious terrorism offence.  (2) The officer may give the person a written notice requiring the person to produce documents that:  (a) relate to one or more of the matters set out in section 3ZQP, as specified in the notice; and  (b) are in the possession or under the control of the person.  (3) The notice must:  (a) specify the name of the person to whom the notice is given; and  (b) specify the matters to which the documents to be produced relate; and  (c) specify the manner in which the documents are to be produced; and  (d) specify the place at which the documents are to be produced; and  (e) specify the day by which the person must comply with the notice, being a day that is at least:  (i) 14 days after the giving of the notice; or  (ii) if the officer believes that it is appropriate, having regard to the urgency of the situation, to specify an earlier day—3 days after the giving of the notice; and  (f) set out the effect of section 3ZQS (offence for failure to comply); and  (g) if the notice specifies that information about the notice must not be disclosed—set out the effect of section 3ZQT (offence for disclosing existence or nature of a notice). 3ZQO  Power to obtain documents relating to serious offences  (1) An authorised AFP officer may apply to a Judge of the Federal Circuit and Family Court of Australia (Division 2) for a notice under this section in respect of a person if the AFP officer considers on reasonable grounds that the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence.  (2) If the Judge is satisfied on the balance of probabilities, by information on oath or by affirmation, that:  (a) the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence; and  (b) giving the person a notice under this section is reasonably necessary, and reasonably appropriate and adapted, for the purpose of investigating the offence; the Judge may give the person a written notice requiring the person to produce documents that:  (c) relate to one or more of the matters set out in section 3ZQP, as specified in the notice; and  (d) are in the possession or under the control of the person.  (3) The Judge must not give the notice unless the authorised AFP officer or some other person has given to the Judge, either orally or by affidavit, such further information (if any) as the Judge requires concerning the grounds on which the issue of the notice is being sought.  (4) The notice must:  (a) specify the name of the person to whom the notice is given; and  (b) specify the matters to which the documents to be produced relate; and  (c) specify the manner in which the documents are to be produced; and  (d) specify the place at which the documents are to be produced; and  (e) state that the person must comply with the notice within 14 days after the day on which the notice is given; and  (f) set out the effect of section 3ZQS (offence for failure to comply); and  (g) if the notice specifies that information about the notice must not be disclosed—set out the effect of section 3ZQT (offence for disclosing existence or nature of a notice). 3ZQP  Matters to which documents must relate   A document to be produced under a notice under section 3ZQN or 3ZQO must relate to one or more of the following matters:  (a) determining whether an account is held by a specified person with a specified financial institution, and details relating to the account (including details of any related accounts);  (b) determining whether a specified person is a signatory to an account with a specified financial institution, and details relating to the account (including details of any related accounts);  (c) determining whether a transaction has been conducted by a specified financial institution on behalf of a specified person, and details relating to the transaction (including details relating to other parties to the transaction);  (d) determining whether a specified person travelled or will travel between specified dates or specified locations, and details relating to the travel (including details relating to other persons travelling with the specified person);  (e) determining whether assets have been transferred to or from a specified person between specified dates, and details relating to the transfers (including details relating to the names of any other persons to or from whom the assets were transferred);  (f) determining whether an account is held by a specified person in respect of a specified utility (such as gas, water or electricity), and details relating to the account (including the names of any other persons who also hold the account);  (g) determining who holds an account in respect of a specified utility (such as gas, water or electricity) at a specified place, and details relating to the account;  (h) determining whether a telephone account is held by a specified person, and details relating to the account (including:  (i) details in respect of calls made to or from the relevant telephone number; or  (ii) the times at which such calls were made or received; or  (iii) the lengths of such calls; or  (iv) the telephone numbers to which such calls were made and from which such calls were received);  (i) determining who holds a specified telephone account, and details relating to the account (including details mentioned in paragraph (h));  (j) determining whether a specified person resides at a specified place;  (k) determining who resides at a specified place. 3ZQQ  Powers conferred on Judges of the Federal Circuit and Family Court of Australia (Division 2) in their personal capacity  (1) A power conferred on a Judge of the Federal Circuit and Family Court of Australia (Division 2) by section 3ZQO is conferred on the Judge in a personal capacity and not as a court or a member of a court.  (2) A Judge of the Federal Circuit and Family Court of Australia (Division 2) need not accept the power conferred.  (3) A Judge of the Federal Circuit and Family Court of Australia (Division 2) exercising a power conferred by section 3ZQO has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the Judge is a member. 3ZQR  Documents must be produced  (1) A person is not excused from producing a document under section 3ZQN or 3ZQO on the ground that to do so:  (a) would contravene any other law; or  (b) might tend to incriminate the person or otherwise expose the person to a penalty or other liability; or  (c) would disclose material that is protected against disclosure by legal professional privilege or any other duty of confidence; or  (d) would be otherwise contrary to the public interest.  (2) However, neither:  (a) the production of the document; nor  (b) any information, document or thing obtained as a direct or indirect consequence of producing the document; is admissible in evidence against the person in proceedings other than proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.  (3) A person is not liable to any penalty by reason of his or her producing a document when required to do so under section 3ZQN or 3ZQO.  (4) The fact that a person is not excused under subsection (1) from producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that document. 3ZQS  Offence for failure to comply with notice under section 3ZQN or 3ZQO  (a) the person is given a notice under section 3ZQN or 3ZQO; and  (b) the person fails to comply with the notice. Penalty: 30 penalty units. 3ZQT  Offence for disclosing existence or nature of notice  (a) the person is given a notice under section 3ZQN or 3ZQO; and  (b) the notice specifies that information about the notice must not be disclosed; and  (c) the person discloses the existence or nature of the notice. Penalty: 120 penalty units or imprisonment for 2 years, or both.  (a) the person discloses the information to another person in order to obtain a document that is required by the notice in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or  (b) the disclosure is made to obtain legal advice or legal representation in relation to the notice; or  (c) the disclosure is made for the purposes of, or in the course of, legal proceedings. Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code). 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 Use and sharing of thing or document by constable or Commonwealth officer  (1) A constable or Commonwealth officer may use, or make available to another constable or Commonwealth officer to use, a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for the purpose of any or all of the following if it is necessary to do so for that purpose:  (a) preventing, investigating or prosecuting an offence;  (b) proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002;  (c) proceedings under a corresponding law (within the meaning of either of the Acts mentioned in paragraph (b)) that relate to a State offence that has a federal aspect;  (d) proceedings for the forfeiture of the thing under a law of the Commonwealth;  (da) the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002;  (e) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104, 105, 105A or 395 of the Criminal Code;  (f) investigating or resolving a complaint or an allegation of misconduct relating to an exercise of a power or the performance of a function or duty under this Part;  (g) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979) under Part V of that Act;  (h) investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988;  (i) conducting a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022);  (j) proceedings in relation to a complaint, allegation or issue mentioned in paragraph (f), (g), (h) or (i);  (k) deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in any of the preceding paragraphs of this subsection;  (l) the performance of the functions of the Australian Federal Police under section 8 of the Australian Federal Police Act 1979.  (2) A constable or Commonwealth officer may use a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for any other use that is required or authorised by or under a law of a State or a Territory.  (3) A constable or Commonwealth officer may make available to another constable or Commonwealth officer to use a thing seized under this Part, or the original or a copy of a document produced under Division 4B, for any purpose for which the making available of the thing or document is required or authorised by a law of a State or Territory.  (4) To avoid doubt, this section does not limit any other law of the Commonwealth that:  (a) requires or authorises the use of a document or other thing; or  (b) requires or authorises the making available (however described) of a document or other thing. Sharing thing or document for use by State, Territory or foreign agency  (5) A constable or Commonwealth officer may make a thing seized under this Part, or the original or a copy of a document produced under Division 4B, available to:  (a) a State or Territory law enforcement agency; or  (b) an agency that has responsibility for:  (i) law enforcement in a foreign country; or  (ii) intelligence gathering for a foreign country; or  (iii) the security of a foreign country; to be used by that agency for a purpose mentioned in subsection (1), (2) or (3) and the purpose of any or all of the following (but not for any other purpose):  (c) preventing, investigating or prosecuting an offence against a law of a State or Territory;  (d) proceedings under a corresponding law (within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002);  (e) proceedings for the forfeiture of the thing under a law of a State or Territory;  (f) deciding whether to institute proceedings or to take any other action mentioned in any of paragraphs (1)(a) to (l) (inclusive), subsection (2) or (3) or paragraph (c), (d) or (e) of this subsection. Ministerial arrangements for sharing  (6) This Division does not prevent the Minister from making an arrangement with a Minister of a State or Territory for:  (a) the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections (1), (3) and (5), of things seized under this Part and originals and copies of documents produced under Division 4B; and  (b) the disposal by the agency of such things, originals and copies when they are no longer of use to that agency for those purposes. Note: This subsection does not empower the Minister to make such an arrangement. Definition State or Territory law enforcement agency means:  (a) the police force or police service of a State or Territory; or  (b) the New South Wales Crime Commission; or  (c) the Independent Commission Against Corruption of New South Wales; or  (d) the Law Enforcement Conduct Commission of New South Wales; or  (e) the Independent Broad‑based Anti‑corruption Commission of Victoria; or  (f) the Crime and Corruption Commission of Queensland; or  (g) the Corruption and Crime Commission of Western Australia; or  (h) the Independent Commission Against Corruption of South Australia. 3ZQV  Operating seized electronic equipment  (1) This section applies to electronic equipment seized under this Part or moved under section 3K.  (2) The electronic equipment may be operated at any location after it has been seized or moved, for the purpose of determining whether data that is evidential material, or whether data that suggests the existence of a digital asset that may be seized under a warrant, is held on or accessible from the electronic equipment, and obtaining access to such data.  (3) The data referred to in subsection (2) includes, but is not limited to, the following:  (a) data held on the electronic equipment, including data held on the electronic equipment when operated under this section that was not held on the electronic equipment at the time the electronic equipment was seized;  (b) data not held on the electronic equipment but accessible by using it, including data that was not accessible at the time the electronic equipment was seized.  (3A) If the electronic equipment was seized under a warrant, subsection (2) does not apply to data that was generated after the expiry of the warrant.  (4) If the electronic equipment was seized under a warrant or moved under section 3K, the electronic equipment may be operated before or after the expiry of the warrant.  (5) This section does not limit the operation of other provisions of this Part that relate to dealing with items seized under this Part or moved under section 3K. Note: For example, this section does not affect the operation of the time limits in section 3K on examination or processing of a thing moved under that section. 3ZQW  Compensation for damage to electronic equipment  (a) as a result of equipment being operated as mentioned in section 3ZQV:  (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 appropriate warning or guidance was provided, before the equipment was operated, on the operation of the equipment.  (5) Compensation is payable out of money appropriated by the Parliament.  (6) For the purposes of subsection (1): Subdivision B—Returning things seized and documents produced 3ZQX  When things seized or documents produced under Division 2, 4 or 4B must be returned When things seized under Division 2 or 4 must be returned  (1) If the Commissioner is satisfied that a thing seized under Division 2 or 4 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 take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it.  (aa) either:  (i) the thing may be retained because of an order under subsection 3ZQZB(3), or any other order under that subsection has been made in relation to the thing; or  (a) the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or  (b) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership. When documents produced under Division 4B must be returned  (3) If the Commissioner is satisfied that a document produced under Division 4B 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 take reasonable steps to return the document to the person who produced the document or to the owner if that person is not entitled to possess it.  (4) However, the Commissioner does not have to take those steps if:  (a) either:  (i) the document may be retained because of an order under subsection 3ZQZB(3), or any other order under that subsection has been made in relation to the document; or  (b) the document may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or  (c) the document is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership. 3ZQY  When things seized under Division 3 must be returned  (a) the Commissioner is satisfied that a thing seized under Division 3 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings; or  (b) the period of 60 days after the thing’s seizure ends; the Commissioner must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it.  (a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or  (i) the thing may be retained because of an order under subsection 3ZQZB(2) or (3), or any other order under subsection 3ZQZB(3) has been made in relation to the thing; or  (c) the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or  (d) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership. 3ZQZA  When things seized under Division 3A must be returned  (1) The Commissioner must take reasonable steps to return a thing seized under Division 3A if the owner requests the return of the thing.  (a) the Commissioner suspects on reasonable grounds that if the thing is returned to the owner, the thing is likely to be used by the owner or another person in the commission of a terrorist act, a terrorism offence or a serious offence; or  (b) the Commissioner is satisfied that the thing is being used, or is required to be used, for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings; or  (c) either:  (i) the thing may be retained because of an order under subsection 3ZQZB(2) or (3), or any other order under subsection 3ZQZB(3) has been made in relation to the thing; or  (d) the thing may otherwise be retained, destroyed or disposed of under a law, or order of a court or tribunal, of the Commonwealth or of a State or a Territory; or  (e) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.  (3) Despite subsection (2), if:  (a) the owner of a thing requests the return of the thing:  (i) within 90 days after the date of the seizure notice served under section 3UF in relation to the thing; or  (ii) if subsection 3UF(2) applied in relation to the thing so that a seizure notice was not served—within 90 days after the day on which the thing was seized; and  (b) the thing has not been returned to the owner by the end of the 90th day; the Commissioner must, before the end of the 95th day:  (c) take reasonable steps to return the thing to the owner; or  (d) apply to a magistrate for an order under section 3ZQZB. 3ZQZB  Magistrate may permit a thing seized or document produced under this Part to be retained, forfeited etc.  (1) A magistrate may, on application by the Commissioner, make an order under subsection (2) or (3) in relation to a thing seized or a document produced under this Part. Use for purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings  (2) The magistrate may order that a thing seized under Division 3 or 3A be retained for the period specified in the order if the magistrate is satisfied that the thing is being used, or is required to be used, for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings. Preventing use in committing terrorist act, terrorism offence or serious offence  (3) The magistrate may make any of the orders referred to in subsection (4) if the magistrate is satisfied that there are reasonable grounds to suspect that, if a thing seized or document produced under this Part is returned to any of the following persons, it is likely to be used by that person or another person in the commission of a terrorist act, a terrorism offence or a serious offence:  (a) the owner of the thing or document;  (b) in the case of a thing—the person from whom the thing was seized;  (c) in the case of a document—the person who produced the document.  (4) The orders are as follows:  (a) an order that the thing or document may be retained for the period specified in the order;  (b) an order that the thing or document is forfeited to the Commonwealth;  (c) for a thing that is not a document—an order that:  (i) the thing be sold and the proceeds given to the owner of the thing; or  (ii) the thing be sold in some other way;  (d) an order that the thing or document is to be destroyed or otherwise disposed of. Thing or document must be returned if magistrate not satisfied  (5) The magistrate must order that a thing or document be returned to the following person if the magistrate is not satisfied as mentioned in subsection (2) or (3):  (a) in the case of a thing—the person from whom the thing was seized;  (b) in the case of a document—the person who produced the document;  (c) if the person referred to in paragraph (a) or (b) is not entitled to possess the thing or document—the owner of the thing or document. Persons with an interest in thing or document  (6) Before making an application under this section in relation to a thing or document, the Commissioner must:  (a) take reasonable steps to discover who has an interest in the thing or document; and  (b) if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application.  (7) The magistrate must allow a person who has an interest in the thing or document to appear and be heard in determining the application. Special rule for things seized under Division 3  (8) The Commissioner may only make an application under this section in relation to a thing seized under Division 3 if the application is made:  (a) before the end of 60 days after the seizure; or  (b) before the end of a period previously specified in an order in relation to the thing under this section. Division 5—General 3ZR  Conduct of ordinary searches and frisk searches   An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as the person being searched. 3ZS  Announcement before entry  (1) A constable must, before any person enters premises under a warrant or to arrest a person:  (a) announce that he or she is authorised to enter the premises; and  (b) give any person at the premises an opportunity to allow entry to the premises.  (2) A constable is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:  (a) the safety of a person (including a constable); or  (b) that the effective execution of the warrant or the arrest is not frustrated. 3ZT  Offence for making false statements in warrants   A person must not make, in an application for a warrant, a statement that the person knows to be false or misleading in a material particular. 3ZU  Offences relating to telephone warrants   A person must not:  (a) state in a document that purports to be a form of warrant under section 3R the name of an issuing officer unless that officer issued the warrant; or  (b) state on a form of warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the issuing officer; or  (c) purport to execute, or present to a person, a document that purports to be a form of warrant under that section that the person knows:  (i) has not been approved by an issuing officer under that section; or  (ii) to depart in a material particular from the terms authorised by an issuing officer under that section; or  (d) give to an issuing officer a form of warrant under that section that is not the form of warrant that the person purported to execute. 3ZW  Delegation by Commissioner  (1) The Commissioner may delegate to a constable any or all of the Commissioner’s powers, functions or duties under this Part.  (2) The Commissioner may delegate to a Commonwealth officer any or all of the Commissioner’s powers, functions or duties under Division 4C of this Part if the Commissioner is satisfied on reasonable grounds that the officer is able to properly exercise those powers, functions or duties. 3ZX  Law relating to legal professional privilege not affected   This Part does not affect the law relating to legal professional privilege. Part IAAA—Delayed notification search warrants 3ZZAA  Object of this Part  (1) The object of this Part is to provide for eligible agencies to obtain search warrants:  (a) that relate to eligible offences; and  (b) that authorise the entry and search of premises without having to produce the warrant at the time of entry and search.  (2) A warrant issued under this Part is a delayed notification search warrant.  (3) An eligible agency is the Australian Federal Police.  (4) An eligible offence is a terrorism offence that is punishable on conviction by imprisonment for 7 years or more. 3ZZAB  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) the seizure of things; or  (c) the use of an assumed identity; or  (d) the installation of surveillance devices (within the meaning of the Surveillance Devices Act 2004).  (2) To avoid doubt, it is declared that even though another law of the Commonwealth 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. 3ZZAC  Definitions adjoining premises, in relation to particular premises, means premises adjoining, or providing access, to the premises. adjoining premises occupier’s notice: see section 3ZZDB. applicable normal search warrant regime: see subsection 3ZZBJ(2). authorised agency means the Australian Federal Police. chief officer, in relation to an authorised agency or eligible agency, means the Commissioner. day of execution of a delayed notification search warrant means the day on which the warrant premises were first entered under the warrant. delayed notification search warrant: see subsection 3ZZAA(2). eligible agency: see subsection 3ZZAA(3). eligible issuing officer: see subsection 3ZZAD(1). eligible offence: see subsection 3ZZAA(4). eligible officer of an authorised agency or eligible agency means a member or special member of the Australian Federal Police. emergency situation, in relation to the execution of a delayed notification search warrant in relation to premises, means a situation that the executing officer or a person 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 persons assisting to leave the premises. evidential material means a thing relevant to an eligible offence, or an indictable offence, that has been, is being, is about to be or is likely to be committed. executing officer, in relation to a delayed notification search warrant, means:  (a) the eligible officer of the authorised agency who is named in the warrant by the eligible issuing officer as being responsible for executing the warrant; or  (b) if that eligible officer does not intend to be present at the execution of the warrant—another eligible officer of the authorised agency whose name has been written in the warrant by the eligible officer so named; or  (c) another eligible officer of the authorised agency whose name has been written in the warrant by the eligible officer of the authorised agency last named in the warrant. inspecting officer means a person appointed under subsection 3ZZGA(1). nominated ART member means a person in relation to whom a nomination is in force under section 3ZZAF. person assisting, in relation to a delayed notification search warrant, means:  (a) a person who is an eligible officer of the authorised agency and who is assisting in the execution of the warrant; or  (b) another person who has been authorised by the executing officer to assist in executing the warrant. premises includes a place and a conveyance. relevant eligible agency, in relation to a thing seized under this Part, is the eligible agency whose chief officer authorised the application for the delayed notification search warrant under which the thing was seized. staff member of an authorised agency or eligible agency means a person referred to in paragraph (a) of the definition of law enforcement officer in subsection 3(1). State or Territory agency: see section 3ZZGF. State or Territory inspecting authority: see section 3ZZGF. State or Territory law enforcement agency means:  (a) the police force or police service of a State or Territory; or  (b) the New South Wales Crime Commission constituted by the Crime Commission Act 2012 (NSW); or  (c) the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 (NSW); or  (d) the Law Enforcement Conduct Commission constituted by the Law Enforcement Conduct Commission Act 2016 (NSW); or  (e) the Independent Broad‑based Anti‑corruption Commission established by the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.); or  (f) the Crime and Corruption Commission established by the Crime and Corruption Act 2001 (Qld); or  (g) the Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 (WA); or  (h) the Independent Commission Against Corruption established by the Independent Commission Against Corruption Act 2012 (SA); or  (i) the Integrity Commission established by the Integrity Commission Act 2009 (Tas.). thing includes a thing in electronic form. warrant premises means premises in relation to which a delayed notification search warrant is in force, but does not include any adjoining premises that are also authorised to be entered under the warrant. warrant premises occupier’s notice: see section 3ZZDA. 3ZZAD  Eligible issuing officers  (1) An eligible issuing officer is:  (a) a person:  (i) who is a Judge of the Federal Court of Australia, or a Judge of the Supreme Court of a State or Territory; and  (ii) in relation to whom a consent under subsection 3ZZAE(1), and a declaration under subsection 3ZZAE(2), are in force; or  (b) a nominated ART member.  (2) A function or power conferred on a Judge by this Part is conferred on the Judge in a personal capacity and not as a court or a member of a court.  (3) A Judge has, in relation to the performance or exercise of a function or power conferred on an eligible issuing officer by this Part, the same protection and immunity as if he or she were performing that function, or exercising that power, as, or as a member of, a court (being the court of which the Judge is a member).  (4) A nominated ART member has, in relation to the performance or exercise of a function or power conferred on an eligible issuing officer by this Part, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court. 3ZZAE  Consent of Judges  (1) A Judge of the Federal Court of Australia, or of the Supreme Court of a State or Territory, may, by writing, consent to be declared an eligible issuing officer by the Minister administering the Judiciary Act 1903 under subsection (2).  (2) The Minister administering the Judiciary Act 1903 may, by writing, declare a Judge in relation to whom a consent under subsection (1) is in force to be an eligible issuing officer for the purposes of this Part.  (3) A consent or declaration under this section is not a legislative instrument. 3ZZAF  Nominated ART members  (1) The Minister administering the Administrative Review Tribunal Act 2024 (the ART Minister) may, by writing, nominate a person who holds one of the following appointments to the Administrative Review Tribunal to issue delayed notification search warrants and perform related functions under this Act:  (a) Deputy President;  (b) a senior member appointed on a salaried basis.  (2) Despite subsection (1), the ART Minister must not nominate a person who holds an appointment as a senior member on a salaried basis of the Tribunal unless the person:  (a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and  (b) has been so enrolled for not less than 5 years.  (3) A nomination ceases to be in force if:  (a) the nominated ART member ceases to hold an appointment described in subsection (1); or  (b) the ART Minister, by writing, withdraws the nomination. 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   If an eligible officer of an eligible agency:  (a) suspects, on reasonable grounds, that one or more eligible offences have been, are being, are about to be or are likely to be committed; and  (b) suspects, on reasonable grounds, that entry and search of particular premises will substantially assist in the prevention or investigation of one or more of those offences; and  (c) believes, on reasonable grounds, that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises; the eligible officer may seek the authorisation of the chief officer of the agency to apply for a delayed notification search warrant in respect of the premises. 3ZZBB  Authorisation to apply for a delayed notification search warrant  (1A) This section applies if an eligible officer of an eligible agency seeks the authorisation of the chief officer of the agency to apply for a delayed notification search warrant in respect of particular premises. Authorisation  (1) The chief officer may, in writing, authorise the eligible officer to apply for the delayed notification search warrant if the chief officer is satisfied that there are reasonable grounds for the eligible officer to have:  (a) the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and  (b) the belief mentioned in paragraph 3ZZBA(c).  (2) The chief officer may orally (in person or by telephone or other means of voice communication) authorise the eligible officer to apply for the delayed notification search warrant if the chief officer is satisfied that:  (a) there are reasonable grounds for the eligible officer to have:  (ii) the belief mentioned in paragraph 3ZZBA(c); and  (i) it is an urgent case; or  (ii) the delay that would occur if the authorisation were in writing would frustrate the effective execution of the delayed notification search warrant.  (3) If the chief officer of an eligible agency gives an authorisation under subsection (2), he or she must make a written record of the authorisation within 7 days. 3ZZBC  Applying for a delayed notification search warrant  (1) An eligible officer of an eligible agency may apply to an eligible issuing officer for a delayed notification search warrant in respect of particular premises if the officer is authorised under section 3ZZBB to apply for the warrant. Note 1: The application will need to address: (a) why there are reasonable grounds for suspecting that one or more eligible offences have been, are being, are about to be or are likely to be committed (see paragraph 3ZZBA(a)); and (aa) why there are reasonable grounds for suspecting that entry and search of the premises will substantially assist in the prevention or investigation of one or more of those offences (see paragraph 3ZZBA(b)); and (ab) why there are reasonable grounds for believing that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises (see paragraph 3ZZBA(c)); and (b) other matters the eligible issuing officer must have regard to (see subsection 3ZZBD(2)); and (c) matters that must be specified in the warrant (see subsection 3ZZBE(1)). Note 2: In urgent cases or certain other cases, an application may be made by telephone, fax or other electronic means: see section 3ZZBF.  (2) The eligible officer must provide the eligible issuing officer with:  (a) a copy of, or details of, the authorisation under section 3ZZBB; and  (b) particulars of any applications, and the outcomes, so far as known to the eligible officer, of any previous applications, in respect of the premises, for a warrant under this Part or Division 2 of Part IAA.  (3) The application must be supported by an affidavit setting out the grounds on which the warrant is sought.  (4) The eligible issuing officer may request further information relating to the application, and may require that the information be provided on oath or affirmation. 3ZZBD  Issuing a delayed notification search warrant  (a) an eligible officer applies to an eligible issuing officer, in accordance with section 3ZZBC, for a delayed notification search warrant in respect of particular premises (the main premises); and  (b) the eligible issuing officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for the eligible officer to have:  (ii) the belief mentioned in paragraph 3ZZBA(c); the eligible issuing officer may issue a delayed notification search warrant in respect of the main premises.  (2) In determining whether the delayed notification search warrant should be issued, the eligible issuing officer must have regard to the following:  (a) the extent to which the exercise of the powers under the warrant would assist the prevention or investigation of the eligible offence or offences to which the application for the warrant relates;  (b) the existence of alternative means of obtaining the evidence or information sought to be obtained;  (c) the extent to which the privacy of any person is likely to be affected;  (d) the nature and seriousness of that offence or those offences;  (e) if it is proposed that adjoining premises be entered for the purpose of entering the main premises—whether allowing entry to the adjoining premises is reasonably necessary:  (i) to enable entry to the main premises; and  (ii) to avoid compromising the prevention or investigation of that offence or those offences;  (f) any conditions to which the warrant should be subject;  (g) the outcome, so far as known to the eligible issuing officer, of any previous application, in respect of the main premises, for a warrant under this Part or Division 2 of Part IAA.  (3) An eligible issuing officer of the Federal Court of Australia or the Administrative Review Tribunal may issue a delayed notification search warrant in relation to premises located anywhere in the Commonwealth or an external Territory.  (4) An eligible issuing officer of the Supreme Court of a State or Territory may issue a delayed notification search warrant only in relation to premises located in that State or Territory. 3ZZBE  Contents of a delayed notification search warrant  (1) A delayed notification search warrant must specify the following:  (a) the name of the applicant;  (b) the name of the authorised agency;  (c) the name of the eligible officer of that agency who, unless he or she inserts the name of another such eligible officer in the warrant, is to be responsible for executing the warrant;  (d) the address, location or other description of the warrant premises;  (e) the eligible offence or offences to which the warrant relates;  (f) whether the warrant authorises the entry of adjoining premises, and if it does, the address, location or other description of the adjoining premises;  (g) the day on which, and the time at which, the warrant is issued;  (h) the day on which, and the time at which, the warrant expires (which must be a time on a day that is not more than 30 days after the day on which the warrant is issued);  (i) the time by which notice of entry of premises under the warrant is to be given (expressed as a time on a specified day that is not more than 6 months after the day on which the warrant is issued);  (j) a description of the kinds of things that may be searched for, seized, copied, photographed, recorded, marked, tagged, operated, printed, tested or sampled;  (k) whether the warrant authorises a thing to be placed in substitution for a thing seized under the warrant or moved under subsection 3ZZCE(2);  (l) whether the warrant authorises the re‑entry of the warrant premises, and any adjoining premises authorised to be entered, to:  (i) return to the warrant premises any thing seized under the warrant or moved under subsection 3ZZCE(2); or  (ii) retrieve any thing substituted at the warrant premises for a thing seized under the warrant or moved under subsection 3ZZCE(2);  (m) if the warrant authorises such re‑entry—that the re‑entry must be within:  (i) 14 days of the day of execution of the warrant; or  (ii) if a thing is moved under subsection 3ZZCE(2) and the time for which it may be examined or processed is more than 14 days because of an extension under section 3ZZCE—that time as extended under that section;  (n) any conditions to which the warrant is subject;  (o) that the eligible issuing officer is satisfied as mentioned in paragraph 3ZZBD(1)(b), and has had regard to the matters specified in subsection 3ZZBD(2). Note 1: Regarding paragraph (i): (a) the specified time is the time by which a warrant premises occupier’s notice, and any adjoining premises occupier’s notice, must be given (subject to subsections 3ZZDA(4), 3ZZDB(4) and 3ZZDC(3)); and (b) the specified time can be extended (see subsection 3ZZDC(5)). Note 2: Regarding the period described in paragraph (m), see also subsection 3ZZCA(3).  (2) The warrant must be signed by the eligible issuing officer who issued it and include his or her name. Subdivision B—Delayed notification search warrants by telephone, fax etc. 3ZZBF  Delayed notification search warrants by telephone, fax etc. When this section applies  (1) This section applies if the requirements specified in subsection 3ZZBC(1) for when an eligible officer of an eligible agency may apply for a delayed notification search warrant in respect of particular premises are satisfied. Note: This section sets out an alternative method of applying for and issuing delayed notification search warrants. Application for delayed notification search warrant  (2) The eligible officer may apply to an eligible issuing officer by telephone, fax or other electronic means for a delayed notification search warrant in respect of the premises:  (a) if it is an urgent case; or  (b) if the delay that would occur if the application were made in person would frustrate the effective execution of the delayed notification search warrant.  (3) The eligible issuing officer:  (4) The application must:  (a) include all information required to be provided in an ordinary application for a delayed notification search warrant, but the application may, if necessary, be made before the information is sworn or affirmed; and  (b) include details of, or be accompanied by a copy of, the authorisation under section 3ZZBB. Eligible issuing officer may complete and sign warrant  (5) The eligible issuing officer may complete and sign the same delayed notification search warrant that would have been issued under section 3ZZBD if, after:  (a) considering the information and having received and considered such further information (if any) as the eligible issuing officer required; and  (b) having regard to the matters specified in subsection 3ZZBD(2); the eligible issuing officer is satisfied:  (c) that there are reasonable grounds for the eligible officer to have:  (ii) the belief mentioned in paragraph 3ZZBA(c); and  (d) that:  (i) a delayed notification search warrant in the terms of the application should be issued urgently; or  (ii) the delay that would occur if an application were made in person would frustrate the effective execution of the delayed notification search warrant.  (6) After completing and signing the delayed notification search warrant, the eligible issuing officer must inform the applicant, by telephone, fax or other electronic means, of:  (a) the terms of the warrant; and  (b) the day on which, and the time at which, the warrant was signed. Obligations on applicant  (7) The applicant must then do the following:  (a) complete a form of delayed notification search warrant in the same terms as the warrant completed and signed by the eligible issuing officer;  (b) state on the form the following:  (i) the name of the eligible issuing officer;  (ii) the day and time of signing of the warrant;  (c) send the following to the eligible issuing officer:  (i) the form of warrant completed by the applicant;  (ii) the information referred to in subsection (4), which must have been duly sworn or affirmed.  (8) The applicant must comply with paragraph (7)(c) by the end of the day after the earlier of the following:  (a) the day on which the delayed notification search warrant expires;  (b) the day of execution of the warrant. Eligible issuing officer to attach documents together  (9) The eligible issuing officer must attach the documents provided under paragraph (7)(c) to the delayed notification search warrant signed by the eligible issuing officer. 3ZZBG  Authority of delayed notification search warrant by telephone, fax etc.  (1) A form of delayed notification search warrant duly completed under subsection 3ZZBF(7) is authority for the same powers as are authorised by the warrant signed by the eligible issuing officer under subsection 3ZZBF(5).  (2) In any proceedings, a court is to assume (unless the contrary is proved) that an exercise of power was not authorised by a delayed notification search warrant under section 3ZZBF if:  (a) it is material, in those proceedings, for the court to be satisfied that the exercise of power was duly authorised by the warrant; and  (b) the delayed notification search warrant signed by the eligible issuing officer authorising the exercise of the power is not produced in evidence. Subdivision C—Offences relating to applying for warrants etc. 3ZZBH  Offence for making false statement in application for delayed notification search warrant   A person must not make, in an application for a delayed notification search warrant, a statement that the person knows to be false or misleading in a material particular. 3ZZBI  Offence relating to delayed notification search warrant by telephone, fax etc.   A person must not:  (a) state in a document that purports to be a form of delayed notification search warrant under section 3ZZBF the name of an eligible issuing officer unless that eligible issuing officer issued the warrant; or  (b) state on a form of delayed notification search warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the eligible issuing officer; or  (c) purport to execute, or present to a person, a document that purports to be a form of delayed notification search warrant under that section that the person knows:  (i) has not been approved by an eligible issuing officer under that section; or  (ii) departs in a material particular from the terms authorised by an eligible issuing officer under that section; or  (d) give to an eligible issuing officer a form of delayed notification search warrant under that section that is not the form of warrant that the person purported to execute. 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 When this section applies  (1) This section applies if an eligible officer of an eligible agency, under an authorisation under section 3ZZBB from the chief officer of the agency, makes an application (the delayed notification search warrant application) to an eligible issuing officer for a delayed notification search warrant:  (a) in respect of particular premises; and  (b) in relation to a particular eligible offence.  (2) The applicable normal search warrant regime is Division 2 of Part IAA. Application may be made to eligible issuing officer for normal search warrant  (3) The eligible officer may, at the same time or subsequently, make an application to the eligible issuing officer for the issue of a warrant, under the applicable normal search warrant regime, to search the premises or other premises for evidential material relevant to the eligible offence or to another offence connected to the eligible offence.  (4) If the eligible issuing officer is not a person who is authorised to issue warrants under the applicable normal search warrant regime, the eligible issuing officer may consider and deal with an application made as mentioned in subsection (3) as if the eligible issuing officer were such a person. Eligible issuing officer may instead treat application as if it were made under applicable normal search warrant regime  (5) If the eligible issuing officer is not satisfied that a delayed notification search warrant in respect of the premises should be issued, the eligible issuing officer may:  (a) treat the delayed notification search warrant application as if it were an application for a warrant under the applicable normal search warrant regime (even if such an application has not been made); and  (b) consider and deal with the application under that regime:  (i) as if the application had been validly made under that regime; and  (ii) if the eligible issuing officer is not a person who is authorised to issue warrants under the applicable normal search warrant regime—as if the eligible issuing officer were such a person. Division 3—Exercise of powers under delayed notification search warrants 3ZZCA  What is authorised by a delayed notification search warrant  (1) A delayed notification search warrant authorises the executing officer or a person assisting to do any of the following:  (a) to enter the warrant premises;  (b) if the warrant authorises the entry of adjoining premises—to enter the adjoining premises solely for the purpose of entering or leaving the warrant premises;  (c) to impersonate another person to the extent reasonably necessary for executing the warrant;  (d) to search the warrant premises for the kinds of things (if any) specified in the warrant as the kinds of things that may be searched for;  (e) to seize any thing of a kind specified in the warrant as a kind of thing that may be seized;  (f) to seize other things found in the course of executing the warrant at the warrant premises that the executing officer or a person assisting believes on reasonable grounds to be evidential material, if the executing officer or a person assisting believes on reasonable grounds that the seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing any offence;  (g) to seize any thing found in the course of executing the warrant at the warrant premises that the executing officer or a person assisting believes on reasonable grounds:  (i) would present a danger to a person; or  (ii) could be used to assist a person to escape from lawful custody;  (h) to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes;  (i) if specified in the warrant—to place a thing in substitution for a thing seized or moved under subsection 3ZZCE(2);  (j) to do any of the following acts to a thing found in the course of executing the warrant at the warrant premises that is of a kind specified in the warrant as the kind of thing to which the act may be done, or that the executing officer or a person assisting believes on reasonable grounds to be evidential material:  (i) copy the thing;  (ii) photograph or otherwise record the thing;  (iii) mark or tag the thing (whether or not the mark or tag can be detected only with the use of a device);  (iv) operate the thing;  (v) print the thing;  (vi) test the thing;  (vii) sample the thing;  (k) to do anything reasonably necessary to conceal the fact that any thing has been done under the warrant;  (l) if specified in the warrant—to re‑enter:  (i) the warrant premises; and  (ii) if the warrant authorises the entry of adjoining premises—the adjoining premises solely for the purpose of entering or leaving the warrant premises;   within the period described in paragraph 3ZZBE(1)(m), for the purpose of returning any thing seized from the warrant premises or moved under subsection 3ZZCE(2), or retrieving any thing substituted at the premises for a thing seized or moved under that subsection;  (m) to exercise the other powers conferred on the executing officer, or a person assisting, by the other provisions of this Division. Note: Paragraph (c) does not authorise the acquisition or use of an assumed identity (see Part IAC). The protection provided by Part IAC only applies if the requirements of that Part have been complied with.  (2) The entry of premises under a paragraph of subsection (1) may be effected without the knowledge of the occupier of the premises or any other person present at the premises.  (3) If the period referred to in paragraph (1)(l) ends after the delayed notification search warrant expires, the powers referred to in that paragraph may be exercised during that period as if the warrant were still in force. 3ZZCB  Specific powers available to person executing warrant Photography  (1) In executing a delayed notification search warrant, the executing officer or a person assisting may, for a purpose incidental to the execution of the warrant, take photographs (including video recordings) of the warrant premises or of things at the warrant premises. Completion of execution of warrant after brief interruption  (2) If a delayed notification search warrant in relation to premises is being executed, the executing officer and the persons 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  (b) for not more than 24 hours, or such longer period as allowed by an eligible issuing officer under section 3ZZCC, if they leave the premises:  (i) because of an emergency situation; or  (ii) to reduce the risk of discovery of the fact that a law enforcement officer has been on the premises. Completion of execution of warrant after court proceedings  (a) the execution of a delayed notification search warrant is stopped by an order of a court; and  (b) the order is later revoked or reversed on appeal; and  (c) the warrant is still in force; the execution of the warrant may be completed. 3ZZCC  Extension of time to re‑enter premises left in emergency situation or to avoid discovery of law enforcement officer  (a) a delayed notification search warrant in relation to premises is being executed; and  (b) the executing officer and the persons assisting (if any) leave the premises for a reason described in subparagraph 3ZZCB(2)(b)(i) or (ii); and  (c) the executing officer or a person assisting believes on reasonable grounds that the executing officer and the persons assisting will not be able to return to the premises within the 24‑hour period mentioned in paragraph 3ZZCB(2)(b); he or she may apply to an eligible issuing officer for an extension of that period.  (2) If an application mentioned in subsection (1) has been made, an eligible issuing officer may extend the period during which the executing officer and persons assisting may be away from the premises if:  (a) the eligible issuing officer is satisfied, by information on oath or affirmation, that there are circumstances that justify the extension; and  (b) the extension would not result in the period ending after the expiry of the warrant. 3ZZCD  Executing a warrant—assistance, use of force and related matters  (1) In executing a delayed notification search warrant:  (a) the executing officer may obtain such assistance; and  (b) the executing officer, or an eligible officer who is a person assisting, may use such force against persons and things; and  (c) a person assisting who is not an eligible officer may use such force against things;  (2) At any time when the executing officer is at warrant premises, or adjoining premises, under a delayed notification search warrant, the executing officer must have in his or her possession, or be in a position to produce without delay:  (a) a copy of the warrant; or  (b) if the warrant was issued under section 3ZZBF—a copy of the form of warrant completed under subsection 3ZZBF(7).  (3) To avoid doubt, subsection (2) does not require the executing officer to produce a copy of the warrant or the form of warrant. 3ZZCE  Use of equipment to examine or process things Equipment may be brought onto warrant premises  (1) In executing a delayed notification search warrant, the executing officer or a person 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. Thing may be moved for examination or processing  (2) A thing found at the warrant premises may be moved to another place for examination or processing in order to determine whether it may be seized under the delayed notification search warrant if:  (a) 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; and  (b) the executing officer or a person assisting suspects on reasonable grounds that the thing contains or constitutes a thing that may be seized under the warrant. Note: Sections 3ZZCG and 3ZZCH authorise operation of electronic equipment moved under this section. Time limit on moving a thing  (3) The thing may be moved to another place for examination or processing for no longer than 14 days.  (4) An executing officer may apply to an eligible 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 14 days or that time as previously extended.  (5) A single extension cannot exceed 7 days. Equipment at warrant premises may be operated  (6) The executing officer or a person assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises, if the executing officer or person 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. 3ZZCF  Use of electronic equipment at warrant premises Use of electronic equipment to access data  (1) In executing a delayed notification search warrant, the executing officer or a person 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 a thing that may be seized under the warrant. Copy of data onto disk, tape or other device  (2) If the executing officer or person assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes a thing that may be seized under the warrant, he or she may copy the data to a disk, tape or other associated device and take the disk tape or device from the warrant premises.  (a) under subsection (2), the executing officer or person assisting copies data to a disk, tape or device; and  (b) the chief officer of the authorised agency is satisfied that the data is not required, is no longer required, or is not likely to be required, for a purpose mentioned in section 3ZZEA; the chief officer must arrange for:  (c) the removal of the data from any device in the control of the authorised agency; and  (d) the destruction of any other reproduction of the data in the control of the authorised agency. Powers if thing that may be seized is accessible by operating equipment  (4) If the executing officer or a person assisting, after operating the electronic equipment, finds that a thing that may be seized under the warrant is accessible by doing so, he or she may:  (b) if the thing can, by using facilities at the warrant premises, be put in documentary form—operate the facilities to put the thing in that form and seize the documents so produced.  (5) The executing officer or a person assisting 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 thing that may be seized in documentary form as mentioned in paragraph (4)(b); or  (b) possession of the equipment, by the occupier of the warrant premises, could constitute an offence. 3ZZCG  Use of moved electronic equipment at other place  (1) If electronic equipment is moved to another place under subsection 3ZZCE(2), the executing officer or a person assisting may operate the equipment to access data (including data held at another place).  (2) If the executing officer or person assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes a thing that may be seized under the 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 chief officer of the authorised agency is satisfied that the data is not required, is no longer required, or is not likely to be required, for a purpose mentioned in section 3ZZEA, the chief officer must arrange for:  (a) the removal of the data from any device in the control of the authorised agency; and  (b) the destruction of any other reproduction of the data in the control of the authorised agency.  (4) If the executing officer or a person assisting, after operating the equipment, finds that a thing that may be seized under the warrant is accessible by doing so, he or she may:  (b) if the thing can be put in documentary form—put the thing in that form and seize the documents so produced.  (5) The executing officer or a person assisting 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 thing that may be seized in documentary form as mentioned in paragraph (4)(b); or  (b) possession of the equipment, by the occupier of the warrant premises, could constitute an offence. 3ZZCH  Operating seized or moved electronic equipment  (1) This section applies to electronic equipment seized under this Part or moved under section 3ZZCE.  (2) The electronic equipment may be operated at any location after it has been seized or moved, for the purpose of determining whether data that is a thing that may be seized under the relevant delayed notification search warrant is held on or accessible from the electronic equipment, and obtaining access to such data.  (3) The data referred to in subsection (2) includes, but is not limited to, the following:  (a) data held on the electronic equipment, including data held on the electronic equipment when operated under this section that was not held on the electronic equipment at the time the electronic equipment was seized;  (b) data not held on the electronic equipment but accessible by using it, including data that was not accessible at the time the electronic equipment was seized.  (4) The electronic equipment may be operated before or after the expiry of the relevant delayed notification search warrant.  (5) This section does not limit the operation of other provisions of this Part that relate to dealing with items seized under this Part or moved under section 3ZZCE. Note: For example, this section does not affect the operation of the time limits in section 3ZZCE on examination or processing of a thing moved under that section. 3ZZCI  Compensation for damage to electronic equipment  (a) as a result of equipment being operated as mentioned in section 3ZZCE, 3ZZCF, 3ZZCG or 3ZZCH:  (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 the Federal Court of Australia for such reasonable amount of compensation as the court determines. Division 4—Notice to occupiers 3ZZDA  Warrant premises occupier’s notice must be prepared and given  (1) As soon as practicable after the exercise of powers under a delayed notification search warrant has been completed, the executing officer must prepare a written notice (the warrant premises occupier’s notice) that complies with subsection (2).  (2) The warrant premises occupier’s notice must:  (a) specify the name of the authorised agency; and  (b) specify the day on which, and the time at which, the warrant was issued; and  (c) specify the day of execution of the warrant; and  (d) specify the address, location or other description of the warrant premises; and  (e) specify the number of persons who entered the warrant premises for the purposes of executing, or assisting in the execution of, the warrant; and  (f) include a summary of:  (i) the purpose of delayed notification search warrants (including a statement to the effect that they are to authorise entry and search of premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises); and  (ii) the things done under the warrant; and  (g) describe any thing seized from the warrant premises and state whether a thing was placed in substitution for the seized thing; and  (h) state whether any thing was returned to, or retrieved from, the warrant premises and the date on which this occurred.  (3) Subject to subsection (4), a staff member of the authorised agency must give the warrant premises occupier’s notice, and a copy of the warrant (or the form of warrant completed under subsection 3ZZBF(7)), to the person (the occupier) who was the occupier of the warrant premises when they were entered under the warrant. The notice, and the copy of the warrant (or form of warrant), must be given to the occupier by the time applicable under section 3ZZDC.  (4) If the occupier cannot be identified or located, a staff member of the authorised agency must report back to an eligible issuing officer, and the eligible issuing officer may give such directions as the eligible issuing officer thinks fit.  (5) A notice and a direction under this section are not legislative instruments. 3ZZDB  Adjoining premises occupier’s notice must be prepared and given  (1) As soon as practicable after adjoining premises are entered under a delayed notification search warrant, the executing officer must prepare a written notice (the adjoining premises occupier’s notice) that complies with subsection (2).  (2) The adjoining premises occupier’s notice must specify:  (a) the name of the authorised agency; and  (b) the day on which, and the time at which, the warrant was issued; and  (c) the day of execution of the warrant; and  (d) the address, location or other description of:  (i) the warrant premises; and  (ii) the adjoining premises; and  (e) the purpose of delayed notification search warrants, including:  (i) a statement to the effect that they are to authorise entry and search of warrant premises to be conducted without the knowledge of the occupier of those premises or any other person present at those premises; and  (ii) a statement that adjoining premises may be entered solely for the purpose of entering or leaving the warrant premises.  (3) Subject to subsection (4), a staff member of the authorised agency must give the adjoining premises occupier’s notice, and a copy of the warrant (or the form of warrant completed under subsection 3ZZBF(7)), to the person (the occupier) who was the occupier of the adjoining premises when they were entered under the warrant. The notice, and the copy of the warrant, must be given to the occupier by the time applicable under section 3ZZDC.  (4) If the occupier cannot be identified or located, a staff member of the authorised agency must report back to an eligible issuing officer, and the eligible issuing officer may give such directions as the eligible issuing officer thinks fit.  (5) A notice and a direction under this section are not legislative instruments. 3ZZDC  Time for giving warrant premises occupier’s notice or adjoining premises occupier’s notice Section determines time by which notice must be given  (1) This section:  (a) applies if a warrant premises occupier’s notice, or an adjoining premises occupier’s notice, is prepared in relation to a delayed notification search warrant; and  (b) determines the time by which the notice (and a copy of the warrant, or the form of warrant) must be given in accordance with subsection 3ZZDA(3) or 3ZZDB(3). Note: This section has effect subject to any directions given under subsection 3ZZDA(4) or 3ZZDB(4). General rule  (2) Subject to subsection (3), the notice (and the copy of the warrant or form of warrant) must be given by:  (a) the time specified under paragraph 3ZZBE(1)(i); or  (b) if that time has been extended under subsection (5), that time as so extended. Rule if person is charged with an offence relying on evidence obtained under the warrant  (a) a person is charged with an offence; and  (b) the prosecution proposes to rely on evidence obtained under the warrant; the notice (and the copy of the warrant or of the form of the warrant completed under subsection 3ZZBF(7)) must be given as soon as practicable after the person is charged with the offence, but no later than the earlier of the following times:  (c) the time applicable under subsection (2);  (d) the time of service of the brief of evidence by the prosecution. Extending the time specified in the warrant for giving notice  (4) The chief officer of the authorised agency may, in writing, authorise an eligible officer of the agency to apply to an eligible issuing officer for an extension of the time specified under paragraph 3ZZBE(1)(i) by which notice of entry of premises under a delayed notification search warrant is to be given.  (5) An eligible issuing officer may, on application by an eligible officer authorised under subsection (4), extend the time specified under paragraph 3ZZBE(1)(i) by which notice of entry of premises under a delayed notification search warrant is to be given if the eligible issuing officer is satisfied that there are reasonable grounds for continuing to delay notice of entry of the premises.  (6) An eligible issuing officer may, under subsection (5), extend the time specified under paragraph 3ZZBE(1)(i) on more than one occasion, but:  (a) must not extend the time by more than 6 months on any one occasion; and  (b) must not extend the time to more than 12 months after the day on which the delayed notification search warrant was issued unless:  (i) the Minister is satisfied on reasonable grounds that there are exceptional circumstances justifying the extension, and that it is in the public interest to do so; and  (ii) the Minister has issued a certificate approving the application for the extension; and  (iii) the eligible issuing officer is satisfied that there are exceptional circumstances justifying such an extension.  (7) A certificate issued under subsection (6) is not a legislative instrument. 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 Use and sharing of thing by eligible officer or Commonwealth officer  (1) An eligible officer of an eligible agency or a Commonwealth officer may use, or make available to another eligible officer or Commonwealth officer to use, a thing seized under this Part for the purpose of any or all of the following if it is necessary to do so for that purpose:  (a) preventing, investigating or prosecuting an offence;  (b) proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002;  (c) proceedings for the forfeiture of the thing under a law of the Commonwealth;  (d) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104, 105, 105A or 395 of the Criminal Code;  (e) investigating or resolving a complaint or an allegation of misconduct relating to an exercise of a power or the performance of a function or duty under this Part;  (f) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979) under Part V of that Act;  (g) investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988;  (h) conducting a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022);  (i) proceedings in relation to a complaint, allegation or issue mentioned in paragraph (e), (f), (g) or (h);  (j) deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in any of the preceding paragraphs of this subsection;  (k) the performance of the functions of the Australian Federal Police under section 8 of the Australian Federal Police Act 1979.  (2) An eligible officer of an eligible agency or a Commonwealth officer may use a thing seized under this Part for any other use that is required or authorised by or under a law of a State or a Territory.  (3) An eligible officer of an eligible agency may make available to another eligible officer of an eligible agency or a Commonwealth officer to use a thing seized under this Part for any purpose for which the making available of the thing or document is required or authorised by a law of a State or Territory.  (4) To avoid doubt, this section does not limit any other law of the Commonwealth that:  (a) requires or authorises the use of a thing; or  (b) requires or authorises the making available (however described) of a thing. Sharing thing for use by State, Territory or foreign agency  (5) An eligible officer of an eligible agency or a Commonwealth officer may make a thing seized under this Part available to:  (a) a State or Territory law enforcement agency; or  (b) an agency that has responsibility for:  (i) law enforcement in a foreign country; or  (ii) intelligence gathering for a foreign country; or  (iii) the security of a foreign country; to be used by that agency for a purpose mentioned in subsection (1), (2) or (3) and the purpose of any or all of the following (but not for any other purpose):  (c) preventing, investigating or prosecuting an offence against a law of a State or Territory;  (d) proceedings under a corresponding law (within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002);  (e) proceedings for the forfeiture of the thing under a law of a State or Territory;  (f) deciding whether to institute proceedings or to take any other action mentioned in any of paragraphs (1)(a) to (k) (inclusive), subsection (2) or (3) or paragraph (c), (d) or (e) of this subsection. Ministerial arrangements for sharing  (6) This Division does not prevent the Minister from making an arrangement with a Minister of a State or Territory for:  (a) the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections (1), (3) and (5), of things seized under this Part; and  (b) the disposal by the agency of such things when they are no longer of use to that agency for those purposes. Note: This subsection does not empower the Minister to make such an arrangement. Subdivision B—Returning things seized 3ZZEB  When things seized must be returned  (1) If the chief officer of the relevant eligible agency is satisfied that a thing seized under this Part is not required (or is no longer required) for a purpose mentioned in section 3ZZEA or for other judicial or administrative review proceedings, the chief officer must take reasonable steps to return the thing to the person from whom it was seized, or to the owner if that person is not entitled to possess it.  (2) However, the chief officer does not have to take those steps if:  (a) either:  (i) the thing may be retained because of an order under subsection 3ZZEC(1), or any other order under that subsection has been made in relation to the thing; or  (ii) the chief officer has applied for such an order and the application has not been determined; or  (b) the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or  (c) the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or  (d) a warrant premises occupier’s notice has not been given in relation to the occupier of the warrant premises. 3ZZEC  Eligible issuing officer may permit a thing seized to be retained, forfeited etc.  (1) An eligible issuing officer may, on application by an eligible officer of an eligible agency, make any of the orders referred to in subsection (2) in relation to a thing seized under this Part if the eligible issuing officer is satisfied that there are reasonable grounds to suspect that, if the thing is returned to the owner of the thing, or the person from whom the thing was seized, it is likely to be used by that person or another person in the commission of:  (a) a terrorist act or a terrorism offence; or  (b) a serious offence (within the meaning of Part IAA).  (2) The orders are as follows:  (a) an order that the thing may be retained for the period specified in the order;  (b) an order that the thing is forfeited to the Commonwealth;  (c) an order that:  (i) the thing be sold and the proceeds given to the owner of the thing; or  (ii) the thing be sold in some other way;  (d) an order that the thing is to be destroyed or otherwise disposed of.  (3) If the eligible issuing officer is not satisfied as mentioned in subsection (1), the eligible issuing officer must order that the thing be returned to:  (a) the person from whom the thing was seized; or  (b) if that person is not entitled to possess the thing—the owner of the thing. Division 6—Reporting and record‑keeping 3ZZFA  Reporting on delayed notification search warrants  (1) The executing officer in relation to a delayed notification search warrant, or the applicant for the warrant, must give a written report on the warrant to the chief officer of the authorised agency.  (2) The report must be given to the chief officer of the authorised agency as soon as practicable after:  (a) the day of execution of the warrant; or  (b) if the warrant was not executed—the expiry of the warrant.  (3) The report must:  (a) specify the address, location or other description of the warrant premises; and  (b) state whether or not the warrant was executed; and  (c) state whether the application for the warrant was made in person or in accordance with section 3ZZBF.  (4) If the warrant was executed, the report must also include the following information:  (a) the day of execution of the warrant;  (b) the name of the executing officer;  (c) the name of any persons assisting and the kind of assistance provided;  (d) the name of the occupier of the warrant premises, if known to the executing officer;  (e) whether adjoining premises were entered under the warrant and, if they were, the name of the occupier of the adjoining premises, if known to the executing officer;  (f) the things that were done under the warrant;  (g) without limiting paragraph (f)—details of any thing at the warrant premises:  (i) seized; or  (ii) replaced with a substitute; or  (iii) copied, photographed or otherwise recorded; or  (iv) marked or tagged; or  (v) operated, printed, tested or sampled;  (h) whether or not the execution of the warrant assisted in the prevention or investigation of an eligible offence;  (i) details of compliance with any conditions to which the warrant was subject;  (j) details of any warrant premises occupier’s notice given in relation to the warrant;  (k) details of any adjoining premises occupier’s notice given in relation to the warrant;  (l) details of any directions given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant.  (5) To avoid doubt, if, at the time a report was given, the details in any of paragraphs (4)(j), (k) and (l) were not included because notice or directions had not been given at that time, but are given later, the person who gave the original report under subsection (1) must give a further report under that subsection including those details.  (6) If the warrant was not executed, the report must state the reason why it was not executed.  (7) If the warrant premises were entered after the warrant was executed for the purpose of returning a thing to, or retrieving a thing left at, the premises, a written report in relation to that entry must be provided to the chief officer of the authorised agency. The report must include the following information:  (a) the address, location or other description of the warrant premises;  (b) the date on which the warrant premises were entered for that purpose;  (c) the name of each person who so entered the warrant premises;  (d) details of the thing returned or retrieved;  (e) if the thing was not returned or retrieved—the reason why the thing was not returned or removed.  (8) A report under subsection (7) must be given as soon as practicable after the warrant premises were entered as mentioned in that subsection.  (9) A report under this section is not a legislative instrument. 3ZZFB  Annual reports to Minister  (1) The chief officer of an eligible agency must give a written report to the Minister that includes the following information in respect of each financial year:  (a) the number of applications for delayed notification search warrants made in person by eligible officers of the agency;  (b) the number of applications for delayed notification search warrants made under section 3ZZBF by eligible officers of the agency;  (c) the number of delayed notification search warrants issued as a result of applications referred to in paragraphs (a) and (b) and the eligible offences to which they related;  (d) the number of delayed notification search warrants that were executed by an eligible officer of the agency;  (e) the number of delayed notification search warrants that were executed by an eligible officer of the agency under which:  (i) one or more things were seized from the warrant premises; or  (ii) one or more things were placed in substitution at the warrant premises for a seized thing; or  (iii) one or more things were returned to, or retrieved from, the warrant premises; or  (iv) one or more things were copied, photographed, recorded, marked, tagged, operated, printed, tested or sampled at the warrant premises;  (f) any other information relating to delayed notification search warrants and the administration of this Part that the Minister considers appropriate.  (2) The report for a financial year must be given to the Minister as soon as practicable, and in any event not more than 3 months, after the end of the financial year.  (3) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it. 3ZZFC  Regular reports to Ombudsman   As soon as practicable after each 6‑month period starting on 1 January or 1 July the chief officer of an eligible agency must give a written report to the Ombudsman that includes the following information in respect of the period:  (a) the number of applications for delayed notification search warrants made in person by eligible officers of the agency;  (b) the number of applications for delayed notification search warrants made under section 3ZZBF by eligible officers of the agency;  (c) the number of delayed notification search warrants issued as a result of applications referred to in paragraphs (a) and (b) and the eligible offences to which they related;  (d) the number of delayed notification search warrants that were executed by an eligible officer of the agency. 3ZZFD  Keeping documents connected with delayed notification search warrants   The chief officer of an eligible agency must cause the following to be kept:  (a) a copy of each authorisation given in writing by the chief officer under section 3ZZBB;  (b) a copy of the written record made under section 3ZZBB of each authorisation given orally by the chief officer under that section;  (c) a copy of each application for a delayed notification search warrant made by an eligible officer of the agency, and a statement of whether the application was granted or refused;  (d) each delayed notification search warrant issued to an eligible officer of the agency;  (e) a copy of each form of delayed notification search warrant completed under subsection 3ZZBF(7) by an eligible officer of the agency;  (f) a copy of the following:  (i) each warrant premises occupier’s notice given in relation to a delayed notification search warrant issued to an eligible officer of the agency;  (ii) each adjoining premises occupier’s notice given in relation to such a warrant;  (iii) each application made by an eligible officer of the agency under section 3ZZCC;  (iv) any directions given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to such a warrant;  (v) each authorisation given by the chief officer of the agency under subsection 3ZZDC(4);  (vi) each application made by an eligible officer of the agency as mentioned in subsection 3ZZDC(5);  (vii) each extension of time granted under subsection 3ZZDC(5) in response to such an application;  (g) each report given to the chief officer of the agency under section 3ZZFA. 3ZZFE  Register of delayed notification search warrants  (1) The chief officer of an eligible agency must cause a register of delayed notification search warrants to be kept.  (2) The register is to specify, for each delayed notification search warrant sought by an eligible officer of the eligible agency:  (a) the date the warrant was issued or refused; and  (b) the name of the eligible issuing officer who issued or refused to issue the warrant; and  (c) if the warrant was issued:  (i) the name of the applicant for the warrant and the executing officer; and  (ii) the eligible offence or offences to which the warrant relates; and  (iii) if the warrant was executed—the day of execution of the warrant; and  (iv) the day and time of issue of the warrant, and the time of expiry of the warrant; and  (v) the time by which notice of entry of premises under the warrant is to be given; and  (vi) whether a warrant premises occupier’s notice has been given in relation to the warrant and, if such a notice has been given, the date on which it was given; and  (vii) whether an adjoining premises occupier’s notice has been given in relation to the warrant and, if such a notice has been given, the date on which it was given; and  (viii) details of any extension of time granted under subsection 3ZZDC(5) in relation to the warrant; and  (ix) details of any directions given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant.  (3) The register is not a legislative instrument. Division 7—Inspections by Ombudsman 3ZZGA  Appointment of inspecting officers  (1) The Ombudsman may appoint members of the Ombudsman’s staff to be inspecting officers for the purposes of this Division.  (2) An appointment under subsection (1) must be in writing. 3ZZGB  Inspection of records by the Ombudsman  (1) The Ombudsman must, from time to time and at least once in each 6‑month period starting on 1 January or 1 July, inspect the records of each eligible agency to determine the extent of compliance with this Part by the agency, and eligible officers of the agency, in relation to delayed notification search warrants.  (a) may, after notifying the chief officer of the eligible agency, enter at any reasonable time premises occupied by the agency; and  (b) is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and  (c) may require a staff member of the agency to give the Ombudsman any information that the Ombudsman considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.  (3) The chief officer must ensure that staff members of the agency give the Ombudsman any assistance the Ombudsman reasonably requires to enable the Ombudsman to perform functions under this section.  (4) Nothing in this section requires the Ombudsman to inspect records that are relevant to the obtaining or execution of a delayed notification search warrant if a warrant premises occupier’s notice has not yet been given in relation to the warrant, unless directions have been made under subsection 3ZZDA(4) or 3ZZDB(4) not requiring such notice to be given. 3ZZGC  Power to obtain relevant information  (1) If the Ombudsman has reasonable grounds to believe that a staff member of an eligible agency is able to give information relevant to an inspection under this Division of the agency’s records, subsections (2) and (3) have effect.  (2) The Ombudsman may, by writing given to the staff member, require the staff member to give the information to the Ombudsman:  (a) by writing signed by the staff member; and  (3) The Ombudsman may, by writing given to the staff member, require the staff member to attend:  (a) has reasonable grounds to believe that a staff member of an eligible agency is able to give information relevant to an inspection under this Division of the agency’s records; and  (b) does not know the staff member’s identity; the Ombudsman may, by writing given to the chief officer of the agency, require the chief officer, or a person nominated by the chief officer, to attend:  (5) The place, and the period or the time and day, specified in a requirement under this section, must be reasonable having regard to the circumstances in which the requirement is made. 3ZZGD  Offence  (a) the person is required under section 3ZZGC to attend before another person, to give information or to answer questions; and 3ZZGE  Ombudsman to be given information etc. despite other laws  (1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be:  (c) might tend to incriminate the person or make the person liable to a penalty; or  (i) a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976);  (ii) a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976) and another person or body, being a communication protected against disclosure by legal professional privilege.  (2) However, if the person is a natural person:  (b) any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document; are not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 3ZZHA or against Part 7.4 or 7.7 of the Criminal Code.  (3) Nothing in section 3ZZHA or any other law prevents a staff member of an eligible agency from:  (a) giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or  (b) giving access to a record of the agency to the Ombudsman or an inspecting officer; for the purposes of an inspection under this Division of the agency’s records.  (4) Nothing in section 3ZZHA or any other law prevents a staff member of an eligible agency from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (3).  (5) The fact that a person is not excused under subsection (1) from giving information, answering a question or producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document. 3ZZGF  Exchange of information between Ombudsman and State or Territory inspecting authorities  (1) The Ombudsman may give information that:  (a) relates to a State or Territory agency; and  (b) was obtained by the Ombudsman under this Division; to the State or Territory inspecting authority in relation to the agency.  (2) The Ombudsman may only give information to an authority under subsection (1) if the Ombudsman is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.  (3) The Ombudsman may receive from a State or Territory inspecting authority information relevant to the performance of the Ombudsman’s functions under this Division. State or Territory agency means the police force or police service of a State or Territory. State or Territory inspecting authority, in relation to a State or Territory agency, means the authority that, under the law of the State or Territory concerned, has the function of making inspections of a similar kind to those provided for in section 3ZZGB. 3ZZGG  Ombudsman not to be sued  (1) The Ombudsman, an inspecting officer, or a person acting under an inspecting officer’s direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of a function or power conferred by this Division.  (2) A reference in this section to the Ombudsman includes a reference to a Deputy Ombudsman or a delegate of the Ombudsman. 3ZZGH  Report on inspection  (1) As soon as practicable after each 6‑month period starting on 1 January or 1 July the Ombudsman must give a written report to the Minister on the results of each inspection under section 3ZZGB in the period.  (2) If, having regard to information obtained in the course of the inspection or a previous inspection, the Ombudsman considers that the requirements of section 3ZZFB or 3ZZFC have not been properly complied with in relation to an eligible agency, the Ombudsman may include a comment to that effect in the report.  (3) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it. Division 8—Unauthorised disclosure of information 3ZZHA  Unauthorised disclosure of information  (a) the person discloses information; and  (b) the information relates to:  (i) an application for a delayed notification search warrant; or  (ii) the execution of a delayed notification search warrant; or  (iii) a report under section 3ZZFA in relation to a delayed notification search warrant; or  (iv) a warrant premises occupier’s notice or an adjoining premises occupier’s notice prepared in relation to a delayed notification search warrant.  (2) Each of the following is an exception to the offence created by subsection (1):  (a) the disclosure is in connection with the administration or execution of this Part;  (aa) the disclosure is for the purposes of obtaining or providing legal advice related to this Part;  (b) the disclosure is for the purposes of any legal proceeding arising out of or otherwise related to this Part or of any report of any such proceedings;  (c) the disclosure is in accordance with any requirement imposed by law;  (d) the disclosure is for the purposes of:  (i) the performance of duties or functions or the exercise of powers under or in relation to this Part; or  (ii) the performance of duties or functions or the exercise of powers by a law enforcement officer, an officer of the Australian Security Intelligence Organisation, a staff member of the Australian Secret Intelligence Service or a person seconded to either of those bodies;  (da) the disclosure is made by anyone to the Ombudsman, a Deputy Commonwealth Ombudsman or a member of the Ombudsman’s staff (whether in connection with the exercise of powers or performance of functions under Division 7, in connection with a complaint made to the Ombudsman or in any other circumstances);  (e) the disclosure is made after a warrant premises occupier’s notice or an adjoining premises occupier’s notice has been given in relation to the warrant;  (f) the disclosure is made after a direction has been given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant. Note: A defendant bears an evidential burden in relation to a matter in subsection (2)—see subsection 13.3(3) of the Criminal Code. Division 9—Other matters 3ZZIA  Delegation Delegation by chief officer  (1) The chief officer of an authorised agency or eligible agency may, in writing, delegate all or any of the chief officer’s powers, functions or duties under this Part to:  (a) a Deputy Commissioner of the Australian Federal Police; or  (b) a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this paragraph.  (2) The chief officer of an authorised agency or eligible agency may, in writing, delegate all or any of the chief officer’s powers, functions or duties under Division 5 to the chief executive officer (however described) of a State or Territory law enforcement agency.  (3) The chief officer of an authorised agency or eligible agency may, in writing, delegate all or any of the chief officer’s powers, functions or duties under Division 5 to a Commonwealth officer if the chief officer is satisfied on reasonable grounds that the Commonwealth officer is able to properly exercise those powers, functions or duties. Delegation by Ombudsman  (4) The Ombudsman may, in writing, delegate all or any of the Ombudsman’s powers under this Part, other than a power to report to the Minister, to an APS employee responsible to the Ombudsman. Delegate must produce delegation on request  (5) A delegate must, upon request by a person affected by the exercise of any power delegated to the delegate, produce the instrument of delegation, or a copy of the instrument, for inspection by the person. 3ZZIB  Law relating to legal professional privilege not affected   Except as expressly provided, this Part does not affect the law relating to legal professional privilege. Note: Section 3ZZGE expressly overrides legal professional privilege. Part IAAB—Monitoring of compliance with Part 5.3 supervisory orders etc. 3ZZJA  Simplified outline of this Part A Part 5.3 supervisory order is any one of the following orders made under Part 5.3 of the Criminal Code:  (a) an interim control order;  (b) a confirmed control order;  (c) an interim supervision order;  (d) an extended supervision order. If a Part 5.3 supervisory order is in force in relation to a person, and the person has a prescribed connection with premises, a constable may enter and search the premises if:  (a) the person is the occupier of the premises and consents to the entry; or  (b) the entry is made under a monitoring warrant. If a Part 5.3 supervisory order is in force in relation to a person, a constable may conduct an ordinary search or a frisk search of the person if:  (a) the person consents to the search; or  (b) the search is conducted under a monitoring warrant. A search must be for any of the following purposes (most of which are called Part 5.3 objects):  (a) the protection of the public from a terrorist act;  (b) the prevention of the provision of support for, or the facilitation of, a terrorist act;  (c) the prevention of the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;  (d) the protection of the community from the unacceptable risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence;  (e) determining whether the Part 5.3 supervisory order has been, or is being, complied with. 3ZZJB  Definitions confirmed control order has the same meaning as in Part 5.3 of the Criminal Code. control order has the same meaning as in Part 5.3 of the Criminal Code. engage in a hostile activity has the same meaning as in Part 5.3 of the Criminal Code. evidential material has the same meaning as in Part IAA. extended supervision order has the meaning given by section 105A.2 of the Criminal Code. foreign country, when used in the expression hostile activity in a foreign country, has the same meaning as in the Criminal Code. frisk search has the same meaning as in Part IAA. inspecting officer means a person appointed under subsection 3ZZUA(1). interim control order has the same meaning as in Part 5.3 of the Criminal Code. interim supervision order has the meaning given by section 105A.2 of the Criminal Code. issuing officer means a magistrate. monitoring powers:  (a) in relation to premises—has the meaning given by sections 3ZZKB, 3ZZKC and 3ZZKD; or  (b) in relation to a person—has the meaning given by section 3ZZLB. monitoring warrant means a warrant under section 3ZZOA or 3ZZOB. ordinary search has the same meaning as in Part IAA.