Part 53 object means:

Part 5.3 object means:  (a) in relation to a control order—any of the following:  (i) the protection of the public from a terrorist act;  (ii) the prevention of the provision of support for, or the facilitation of, a terrorist act;  (iii) the prevention of the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or  (b) in relation to an extended supervision order or interim supervision order—the protection of the community from the unacceptable risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence. Part 5.3 supervisory order means:  (a) a control order; or  (b) an extended supervision order or interim supervision order. premises includes the following:  (a) a structure, building or conveyance;  (b) a place (whether or not enclosed or built on);  (c) a part of a thing referred to in paragraph (a) or (b). prescribed connection with premises has the meaning given by section 3ZZJC. recently used conveyance, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced. relevant data has the meaning given by subsection 3ZZKC(3). seizable item has the same meaning as in Part IAA. serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code. staff member of the Australian Federal Police 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 3ZZUF. State or Territory inspecting authority: see section 3ZZUF. strip search has the same meaning as in Part IAA. terrorist offender has the meaning given by section 105A.2 of the Criminal Code. 3ZZJC  Prescribed connection with premises   For the purposes of this Part, a person has a prescribed connection with premises if:  (a) the person:  (i) is the legal or beneficial owner of the premises (whether alone or together with one or more other persons); or  (ii) has any other legal or equitable estate or interest in the premises; or  (b) the person occupies, or resides on, the premises; or  (c) the person has possession or control of the premises (whether alone or together with one or more other persons); or  (d) the person performs any of the duties of his or her employment on the premises; or  (e) the person carries on a business on the premises (whether alone or together with one or more other persons); or  (f) the person performs voluntary work on the premises; or  (g) both:  (i) the premises are used by a school, college, university or other educational institution; and  (ii) the person attends the premises in his or her capacity as a student at the school, college, university or other educational institution. 3ZZJD  Privileges not abrogated Self‑incrimination  (1) This Part (other than section 3ZZUE) does not affect the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty. Legal professional privilege  (2) This Part (other than section 3ZZUE) does not affect the right of a person to refuse to answer a question, give information, or produce a document, on the ground that:  (a) the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or  (b) the document would be privileged from being produced on the ground of legal professional privilege. Other legislation not affected  (3) The fact that this section is included in this Part does not imply that the privilege against self‑incrimination or legal professional privilege is abrogated in any other law of the Commonwealth. 3ZZJE  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 searching of persons or conveyances; or  (c) the seizure of things; or  (d) the requesting of information or documents from persons.  (2) To avoid any doubt, it is declared that even though another law of the Commonwealth (including other provisions of this Act) provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law. Division 2—Powers of constables in relation to premises Subdivision A—Monitoring powers 3ZZKA  Entering premises by consent or under a warrant  (a) a Part 5.3 supervisory order is in force in relation to a person; and  (b) the person has a prescribed connection with particular premises; a constable may enter the premises, and exercise the monitoring powers, for either of the following purposes:  (c) achieving a Part 5.3 object;  (d) determining whether the Part 5.3 supervisory order has been, or is being, complied with. Note: The monitoring powers are set out in sections 3ZZKB, 3ZZKC and 3ZZKD.  (2) However, a constable is not authorised to enter the premises unless:  (a) the person:  (i) is the occupier of the premises; and  (ii) has consented to the entry; or  (b) the entry is made under a monitoring warrant. Note: If entry to the premises is with the occupier’s consent, the constable must leave the premises if the consent ceases to have effect (see section 3ZZNA). 3ZZKB  General monitoring powers   The following are the monitoring powers that a constable may exercise in relation to premises under section 3ZZKA:  (a) the power to search the premises and any thing on the premises;  (b) the power to search for and record fingerprints found at the premises;  (c) the power to take samples of things found at the premises;  (d) the power to examine or observe any activity conducted on the premises;  (e) the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;  (f) the power to make any still or moving image or any recording of the premises or any thing on the premises;  (g) the power to inspect any document on the premises;  (h) the power to take extracts from, or make copies of, any such document;  (i) the power to take onto the premises such equipment and materials as the constable requires for the purpose of exercising powers in relation to the premises;  (j) the powers set out in subsections 3ZZKC(1) and (4) and 3ZZKD(2). 3ZZKC  Operating electronic equipment  (1) The monitoring powers include the power to:  (a) operate electronic equipment on the premises; and  (b) use a disk, tape or other storage device that:  (i) is on the premises; and  (ii) can be used with the equipment or is associated with it.  (2) The monitoring powers include the powers mentioned in subsection (4) if relevant data is found in the exercise of the power under subsection (1).  (3) Relevant data means information relevant to:  (a) a Part 5.3 object; or  (4) The powers are as follows:  (a) the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises;  (b) the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that:  (i) is brought to the premises for the exercise of the power; or  (ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;   and remove the disk, tape or other storage device from the premises.  (5) A constable may operate electronic equipment as mentioned in subsection (1) or (4) only if the constable believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. Note: For compensation for damage to electronic equipment, see section 3ZZNF. 3ZZKD  Securing electronic equipment to obtain expert assistance  (1) This section applies if a constable enters premises under a monitoring warrant. Securing equipment  (2) The monitoring powers include the power to secure any electronic equipment that is on the premises if the constable suspects on reasonable grounds that:  (a) there is relevant data on the premises; and  (b) the relevant data may be accessible by operating the equipment; and  (c) expert assistance is required to operate the equipment; and  (d) the relevant data may be destroyed, altered or otherwise interfered with, if the constable does not take action under this subsection. The equipment may be secured by locking it up, placing a guard or any other means.  (3) The constable must give notice to the occupier of the premises, or another person who apparently represents the occupier, of:  (a) the constable’s intention to secure the equipment; and  (b) the fact that the equipment may be secured for up to 24 hours. Period equipment may be secured  (4) The equipment may be secured until the earlier of the following happens:  (a) the 24‑hour period ends;  (b) the equipment has been operated by the expert. Note: For compensation for damage to electronic equipment, see section 3ZZNF. Extensions  (5) The constable may apply to an issuing officer for an extension of the 24‑hour period if the constable believes on reasonable grounds that the equipment needs to be secured for longer than that period.  (6) Before making the application, the constable must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.  (7) The 24‑hour period may be extended more than once. Note: For the process by which an issuing officer may extend the period, see section 3ZZQA. Subdivision B—Powers to ask questions and seek production of documents 3ZZKE  Asking questions and seeking production of documents  (1) This section applies if a constable enters premises under section 3ZZKA. Entry with consent  (2) If the entry is authorised because the occupier of the premises consented to the entry, the constable may ask the occupier to answer any questions, and produce any document, that is likely to assist in:  (a) achieving a Part 5.3 object; or Note 1: A person is not required to answer a question, or produce a document, in response to a request under this subsection. Note 2: See also sections 3ZZRC and 3ZZRD. Entry under a monitoring warrant  (a) the entry is authorised by a monitoring warrant; and  (b) the warrant authorises the constable to exercise powers under this subsection; the constable may (subject to subsections (4) to (7)) require any person on the premises to answer any questions, and produce any document, that is likely to assist in:  (c) achieving a Part 5.3 object; or  (d) determining whether the relevant Part 5.3 supervisory order has been, or is being, complied with. Note: See also sections 3ZZRC and 3ZZRD. Legal professional privilege and privilege against self‑incrimination  (4) Before a constable requires a person to answer a question or produce a document under subsection (3), the constable must explain the effect of section 3ZZJD to the person.  (5) An answer to a question or a document produced under subsection (3) by a person is not admissible in evidence against him or her in criminal proceedings if a constable fails to explain the effect of section 3ZZJD to the person in accordance with subsection (4). The failure does not otherwise affect the use of the answer or document. Note: For the uses that may be made of the answer or document, see sections 3ZZRC and 3ZZRD. Exceptions to subsection (3)  (6) A person is not subject to a requirement under subsection (3) if:  (a) the person does not possess the information or document required; and  (b) the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.  (7) A person is not subject to a requirement under subsection (3) to produce a document if the document is not at the premises.  (8) A person commits an offence if:  (a) the person is subject to a requirement under subsection (3); and  (c) the person’s conduct breaches the requirement. Penalty for contravention of this subsection: 30 penalty units. Subdivision C—Other powers 3ZZKF  Other powers  (a) a constable enters premises under section 3ZZKA; and  (b) the entry is authorised by a monitoring warrant. Powers  (2) The constable has the following powers in relation to the premises:  (a) the power to seize things found during the exercise of monitoring powers on the premises that the constable suspects on reasonable grounds to be:  (ii) evidential material (within the meaning of the Proceeds of Crime Act 2002); or  (iii) tainted property (within the meaning of that Act); or  (iv) seizable items;  (b) the power to conduct an ordinary search or a frisk search of a person at or near the premises if the constable suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession;  (c) the power to seize other things found while conducting an ordinary search or a frisk search of a person at or near the premises that the constable suspects on reasonable grounds to be:  (ii) evidential material (within the meaning of the Proceeds of Crime Act 2003); or  (iii) tainted property (within the meaning of that Act); or  (iv) seizable items. 3ZZKG  Availability of assistance and use of force in executing a warrant  (a) a constable enters premises under section 3ZZKA; and  (b) the entry is authorised by a monitoring warrant. Availability of assistance and use of force  (2) In:  (a) executing the warrant; or  (b) exercising the powers set out in section 3ZZKF in relation to the premises; the constable may use such force against persons and things as is necessary and reasonable in the circumstances.  (3) In executing the warrant, the constable may obtain such assistance as is necessary and reasonable in the circumstances.  (4) If a person (other than a constable) has been authorised by the constable to assist in executing the warrant, the person may:  (a) enter the premises; and  (b) exercise the monitoring powers in relation to the premises; and  (c) in:  (i) entering the premises; or  (ii) exercising the monitoring powers;   use such force against things as is necessary and reasonable in the circumstances.  (5) If a person (other than a constable) has been authorised by the constable to assist in executing the warrant:  (a) the person may only exercise the monitoring powers set out in subsection 3ZZKD(2) if the constable forms the suspicion mentioned in that subsection; and  (b) the person must not exercise a power set out in subsection 3ZZKD(5) or section 3ZZKE or 3ZZKF.  (6) A power exercised by a person assisting the constable as mentioned in subsection (4) is taken to have been exercised by the constable. Division 3—Powers of constables in relation to persons subject to Part 5.3 supervisory orders 3ZZLA  Searching a person by consent or under a warrant  (1) 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, and exercise the monitoring powers, for either of the following purposes:  (b) determining whether the Part 5.3 supervisory order has been, or is being, complied with. Note: The monitoring powers are set out in section 3ZZLB.  (2) However, a constable is not authorised to conduct an ordinary search or a frisk search of the person unless:  (a) the person has consented to the search; or  (b) the search is conducted under a monitoring warrant. 3ZZLB  Monitoring powers   The following are the monitoring powers that a constable may exercise in relation to a person under section 3ZZLA:  (a) the power to search things found in the possession of the person;  (b) the power to search any recently used conveyance;  (c) the power to record fingerprints from things found in the course of:  (i) a search under section 3ZZLA; or  (ii) a search under paragraph (a) or (b) of this section;  (d) the power to take samples from things found in the course of:  (i) a search under section 3ZZLA; or  (ii) a search under paragraph (a) or (b) of this section. 3ZZLC  Seizure powers  (a) a constable conducts a search of a person, or of a recently used conveyance, under section 3ZZLA; and  (b) the search is authorised by a monitoring warrant. Powers  (2) The constable has the following powers:  (a) the power to seize things found in the course of the search that the constable suspects on reasonable grounds to be:  (ii) seizable items;  (b) the power to seize other things found on or in the possession of the person, or in the recently used conveyance, in the course of the search that the constable suspects on reasonable grounds to be:  (i) evidential material (within the meaning of the Proceeds of Crime Act 2002); or  (ii) tainted property (within the meaning of that Act). 3ZZLD  Availability of assistance and use of force in executing a warrant  (a) a constable conducts a search of a person, or of a recently used conveyance, under section 3ZZLA; and  (b) the search is authorised by a monitoring warrant. Availability of assistance and use of force  (2) In:  (a) executing the warrant; or  (b) exercising the powers set out in section 3ZZLC in relation to the person or conveyance; the constable may use such force against persons and things as is necessary and reasonable in the circumstances.  (3) In executing the warrant, the constable may obtain such assistance as is necessary and reasonable in the circumstances.  (4) If a person (other than a constable) has been authorised by the constable to assist in executing the warrant, the person may:  (a) exercise the monitoring powers in relation to the person mentioned in paragraph (1)(a); and  (b) in exercising the monitoring powers, use such force against things as is necessary and reasonable in the circumstances.  (5) If a person (other than a constable) has been authorised by the constable to assist in executing the warrant, the person must not exercise a power set out in section 3ZZLC.  (6) A power exercised by a person assisting the constable as mentioned in subsection (4) is taken to have been exercised by the constable. Division 4—Obligations and incidental powers of constables 3ZZNA  Consent of occupier of premises  (1) Before obtaining the consent of an occupier of premises for the purposes of paragraph 3ZZKA(2)(a), a constable must inform the occupier that the occupier may refuse consent.  (2) A consent has no effect unless the consent is voluntary.  (3) A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.  (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.  (5) If a constable entered premises because of the consent of the occupier of the premises, the constable, and any person assisting the constable, must leave the premises if the consent ceases to have effect.  (6) If:  (a) a constable enters premises because of the consent of the occupier of the premises; and  (b) the constable has not shown the occupier his or her identity card before entering the premises; the constable must do so on, or as soon as is reasonably practicable after, entering the premises. 3ZZNB  Consent to search of a person  (1) Before obtaining the consent of a person for the purposes of paragraph 3ZZLA(2)(a), a constable must inform the person that the person may refuse consent.  (2) A consent has no effect unless the consent is voluntary.  (3) A consent may be expressed to be limited to a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.  (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn. 3ZZNC  Announcement before entry under warrant   Before entering premises under a monitoring warrant, a constable must:  (a) announce that he or she is authorised to enter the premises; and  (b) show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and  (c) give any person at the premises an opportunity to allow entry to the premises. 3ZZND  Constable to be in possession of warrant   A constable executing a monitoring warrant must be in possession of the warrant or a copy of the warrant. 3ZZNE  Details of warrant etc. to be given to occupier   If:  (a) a monitoring warrant is being executed by a constable in relation to premises; and  (b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises; the constable must, as soon as practicable, make a copy of the warrant available to the occupier or other person. 3ZZNF  Compensation for damage to electronic equipment  (a) as a result of electronic equipment being operated as mentioned in this Part:  (ii) the data recorded on the equipment is damaged; or Compensation  (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) the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2); or  (b) a court of a State or Territory that has jurisdiction in relation to the matter; 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 the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment. 3ZZNG  Occupier entitled to be present during search  (a) a monitoring warrant in relation to premises is being executed; and  (b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises; the person is entitled to observe the search being conducted. 3ZZNH  Person subject to a Part 5.3 supervisory order is entitled to be present during search  (a) a monitoring warrant in relation to premises is being executed; and  (b) the warrant was issued on the basis that a Part 5.3 supervisory order is in force in relation to a person; and  (c) the person is present at the premises; the person is entitled to observe the search being conducted. Division 5—Monitoring warrants 3ZZOA  Monitoring warrant in relation to premises Application for warrant  (1) A constable may apply to an issuing officer for a warrant under this section in relation to premises.  (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that:  (a) a Part 5.3 supervisory order is in force in relation to a person; and  (b) the person has a prescribed connection with the premises; and  (c) having regard to:  (i) the nature of the person’s prescribed connection with the premises; and  (ii) one or more of the matters set out in paragraphs (4)(a) to (f), and the matter set out in paragraph (4)(g); and  (iii) such other matters (if any) as the issuing officer considers relevant;   it is reasonably necessary that one or more constables should have access to the premises for the purposes of:  (iv) achieving a Part 5.3 object; or  (v) determining whether the Part 5.3 supervisory order has been, or is being, complied with.  (3) The issuing officer must not issue the warrant unless the applicant or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.  (4) The matters referred to in subparagraph (2)(c)(ii) are the following:  (a) in relation to a control order:  (i) the possibility that the person has engaged, is engaging, or will engage, in a terrorist act;  (ii) the possibility that the person has provided, is providing, or will provide, support for a terrorist act;  (iii) the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act;  (iv) the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country;  (v) the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;  (b) in relation to an extended supervision order or interim supervision order—the possibility that the person has committed, is committing, or will commit, a serious Part 5.3 or 5.3A offence;  (f) in relation to any Part 5.3 supervisory order—the possibility that the person has contravened, is contravening, or will contravene, the order;  (g) whether allowing one or more constables to have access to the premises, and exercise the monitoring powers in relation to the premises and the powers set out in section 3ZZKF in relation to the premises, would be likely to have the least interference with any person’s liberty and privacy that is necessary in the circumstances.  (5) The warrant must:  (a) describe the premises to which the warrant relates; and  (b) state that the warrant is issued under this section; and  (c) state the purpose or purposes for which the warrant is issued; and  (d) authorise one or more constables (whether or not named in the warrant) from time to time while the warrant remains in force:  (i) to enter the premises; and  (ii) to exercise the monitoring powers in relation to the premises; and  (iii) to exercise the powers set out in section 3ZZKF in relation to the premises; and  (e) state whether entry is authorised to be made at any time of the day or during specified hours of the day; and  (f) specify the time at which the warrant expires (see subsection (7)); and  (g) state whether the warrant authorises a constable to exercise powers under subsection 3ZZKE(3) in relation to the entry; and  (h) state that a person who is not a constable may be authorised under section 3ZZKG to assist in executing the warrant; and  (i) state the name of the person to whom the relevant Part 5.3 supervisory order relates; and  (j) describe the nature of the person’s prescribed connection with the premises; and  (k) state that the Part 5.3 supervisory order is in force; and  (l) state whether the Part 5.3 supervisory order is:  (i) an interim control order; or  (ii) a confirmed control order; or  (iii) an interim supervision order; or  (iv) an extended supervision order; and  (m) specify the date the Part 5.3 supervisory order was made; and  (n) specify the court that made the Part 5.3 supervisory order; and  (o) if the Part 5.3 supervisory order is an interim control order—specify the date the order was served on the person; and  (p) if the Part 5.3 supervisory order is an extended supervision order or an interim supervision order—specify when the order comes into force; and  (q) if the Part 5.3 supervisory order is a confirmed control order, an extended supervision order or an interim supervision order—specify the end of the period during which the order is in force; and  (r) if the warrant is issued for the purposes of determining whether the Part 5.3 supervisory order has been, or is being, complied with—include, in an attachment to the warrant, a copy of the order.  (6) To avoid doubt, paragraph (5)(c) does not require the purpose or purposes for which the warrant is issued to be specified in the warrant if disclosure of that purpose, or those purposes, is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).  (7) The time stated in the warrant under paragraph (5)(f) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued. Example: If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.  (8) Paragraph (5)(f) and subsection (7) do not prevent the issue of successive monitoring warrants in relation to the same premises. 3ZZOB  Monitoring warrant in relation to a person Application for warrant  (1) A constable may apply to an issuing officer for a warrant under this section in relation to a person.  (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that:  (a) a Part 5.3 supervisory order is in force in relation to the person; and  (b) having regard to:  (i) one or more of the matters set out in paragraphs (4)(a) to (c), and the matter set out in paragraph (4)(g); and  (ii) such other matters (if any) as the issuing officer considers relevant;   it is reasonably necessary that a constable should conduct an ordinary search or a frisk search of the person for the purposes of:  (iii) achieving a Part 5.3 object; or  (iv) determining whether the Part 5.3 supervisory order has been, or is being, complied with.  (3) The issuing officer must not issue the warrant unless the applicant or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.  (4) The matters referred to in subparagraph (2)(b)(i) are the following:  (a) in relation to a control order:  (i) the possibility that the person has engaged, is engaging, or will engage, in a terrorist act;  (ii) the possibility that the person has provided, is providing, or will provide, support for a terrorist act;  (iii) the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act;  (iv) the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country;  (v) the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;  (b) in relation to an extended supervision order or interim supervision order—the possibility that the person has committed, is committing, or will commit, a serious Part 5.3 or 5.3A offence;  (c) in relation to any Part 5.3 supervisory order—the possibility that the person has contravened, is contravening, or will contravene, the order;  (g) whether allowing one or more constables to conduct an ordinary search or a frisk search of the person, and exercise the monitoring powers in relation to the person and the powers set out in section 3ZZLC in relation to the person or a recently used conveyance, would be likely to have the least interference with any person’s liberty and privacy that is necessary in the circumstances.  (5) The warrant must:  (a) state the name of the person; and  (b) state that the warrant is issued under this section; and  (c) state the purpose or purposes for which the warrant is issued; and  (d) authorise a constable (whether or not named in the warrant) from time to time while the warrant remains in force:  (i) to conduct an ordinary search or a frisk search of the person; and  (ii) to exercise the monitoring powers in relation to the person; and  (iii) to exercise the powers set out in section 3ZZLC in relation to the person or a recently used conveyance; and  (e) state whether the search is authorised to be carried out at any time of the day or during specified hours of the day; and  (f) specify the time at which the warrant expires (see subsection (7)); and  (g) state that a person who is not a constable may be authorised under section 3ZZLD to assist in executing the warrant; and  (h) state the name of the person to whom the relevant Part 5.3 supervisory order relates; and  (i) state that the Part 5.3 supervisory order is in force; and  (j) state whether the Part 5.3 supervisory order is:  (i) an interim control order; or  (ii) a confirmed control order; or  (iii) an interim supervision order; or  (iv) an extended supervision order; and  (k) specify the date the Part 5.3 supervisory order was made; and  (l) specify the court that made the Part 5.3 supervisory order; and  (m) if the Part 5.3 supervisory order is an interim control order—specify the date the order was served on the person; and  (n) if the Part 5.3 supervisory order is an extended supervision order or an interim supervision order—specify when the order comes into force; and  (o) if the Part 5.3 supervisory order is a confirmed control order, an extended supervision order or an interim supervision order—specify the end of the period during which the order is in force; and  (p) if the warrant is issued for the purposes of determining whether the Part 5.3 supervisory order has been, or is being, complied with—include, in an attachment to the warrant, a copy of the order.  (6) To avoid doubt, paragraph (5)(c) does not require the purpose or purposes for which the warrant is issued to be specified in the warrant if disclosure of that purpose, or those purposes, is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).  (7) The time stated in the warrant under paragraph (5)(f) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued. Example: If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.  (8) Paragraph (5)(f) and subsection (7) do not prevent the issue of successive monitoring warrants in relation to the same person. 3ZZOC  Restrictions on personal searches   A monitoring warrant cannot authorise a strip search or a search of a person’s body cavities. 3ZZOD  Monitoring warrant must not be executed if the relevant Part 5.3 supervisory order is revoked etc.  (a) a monitoring warrant was issued on the basis that a Part 5.3 supervisory order was in force in relation to a person; and  (b) any of the following happens:  (i) the Part 5.3 supervisory order is a control order that is revoked;  (ii) the Part 5.3 supervisory order is an extended supervision order or interim supervision order in relation to a terrorist offender that is revoked and no further extended supervision order or interim supervision order is made in relation to the terrorist offender;  (iii) the Part 5.3 supervisory order is an interim control order that a court declares to be void;  (iv) a court varies the Part 5.3 supervisory order by removing one or more conditions imposed on the person by the order; a constable must not:  (c) execute the warrant; or  (d) exercise a power under Division 2 or 3, if the exercise of the power is consequential on the warrant. Evidence  (2) A thing seized in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j).  (3) Information obtained in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j).  (4) A document obtained in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j). Division 6—Monitoring warrants by telephone or other electronic means 3ZZPA  Monitoring warrants by telephone or other electronic means  (1) A constable may make an application to an issuing officer for a monitoring warrant by telephone, telex, fax or other electronic means:  (a) in an urgent case; or  (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.  (2) The issuing officer:  (3) An application under this section must include all information required to be provided in an ordinary application for a monitoring warrant, but the application may, if necessary, be made before the information is sworn.  (4) If an application is made to an issuing officer under this section and the issuing officer, after considering the information and having received and considered such further information (if any) as the issuing officer required, is satisfied that:  (a) a monitoring warrant in the terms of the application should be issued urgently; or  (b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant; the issuing officer may complete and sign the same form of warrant that would be issued under section 3ZZOA or 3ZZOB, as the case requires.  (5) If the issuing officer decides to issue the monitoring warrant, the issuing officer is to inform the applicant, by telephone, telex, fax or other electronic means, of the terms of the warrant and the day on which, and the time at which, it was signed.  (6) The applicant must then complete a form of monitoring warrant in terms substantially corresponding to those given by the issuing officer, stating on the form the name of the issuing officer and the day on which, and the time at which, the warrant was signed.  (7) The applicant must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the issuing officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.  (8) The issuing officer is to attach to the documents provided under subsection (7) the form of warrant completed by the issuing officer.  (9) If:  (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a monitoring warrant issued under this section was duly authorised; and  (b) the form of warrant signed by the issuing officer is not produced in evidence; the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised. 3ZZPB  Offences relating to telephone warrants  (a) the person states in a document that purports to be a form of warrant under section 3ZZPA the name of an issuing officer unless that officer issued the warrant; or  (b) the person states 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) the person purports 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) the person gives to an issuing officer a form of warrant under that section that is not the form of warrant that the person purported to execute. Division 7—Extension of periods in which things secured 3ZZQA  Extension of periods in which things secured Application  (1) This section applies if a constable applies to an issuing officer under subsection 3ZZKD(5) for an extension of the period during which a thing may be secured. Granting extension  (2) The issuing officer may, by order, grant an extension of the period if the issuing officer is satisfied, by information on oath or affirmation, that it is necessary to secure the thing to ensure that relevant data is not destroyed, altered or otherwise interfered with.  (3) The issuing officer must not grant the extension unless the constable or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the extension is being sought. Content of order  (4) The order extending the period must:  (a) describe the thing to which the order relates; and  (b) state the period for which the extension is granted; and  (c) state that the order is made under this section; and  (d) state that the constable is authorised to secure the thing for that period. Division 8—Things seized, documents produced, and answers given, under this Part 3ZZRA  Receipts for things seized under this Part  (1) If a thing is seized by a constable under this Part, the constable must provide a receipt for the thing.  (2) If 2 or more things are seized, they may be covered in the one receipt. 3ZZRB  Using, sharing and returning things seized under this Part   Division 4C of Part IAA applies to a thing seized under this Part in a corresponding way to the way in which it applies to a thing seized under Division 2 of Part IAA. 3ZZRC  Using, sharing and returning documents produced under section 3ZZKE  (1) Subject to subsection (2), Division 4C of Part IAA applies to a document produced under section 3ZZKE in a corresponding way to the way in which it applies to a document produced under Division 4B of Part IAA.  (2) Section 3ZQU has effect, in relation to a document produced under section 3ZZKE, as if the following additional purposes were set out in subsection 3ZQU(1): 3ZZRD  Answers to questions asked under section 3ZZKE   An answer given to a question asked under subsection 3ZZKE(2) or (3) may only be used for one or more of the following purposes:  (b) determining whether the relevant Part 5.3 supervisory order has been, or is being, complied with;  (e) preventing, investigating or prosecuting an offence. Division 9—Powers of issuing officers 3ZZSA  Powers of issuing officers Powers conferred personally  (1) A power conferred on an issuing officer by this Part is conferred on the issuing officer:  (a) in a personal capacity; and  (b) not as a court or a member of a court. Powers need not be accepted  (2) The issuing officer need not accept the power conferred. Protection and immunity  (3) An issuing officer exercising a power conferred by this Part has the same protection and immunity as if the issuing officer were exercising the power:  (a) as the court of which the issuing officer is a member; or  (b) as a member of the court of which the issuing officer is a member. Division 10—General 3ZZTA  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. 3ZZTB  Protection of persons—control order declared to be void  (a) a monitoring warrant was issued on the basis that an interim control order was in force; and  (b) a court subsequently declares the interim control order to be void; a criminal proceeding does not lie against a person in respect of anything done, or omitted to be done, in good faith by the person:  (c) in the purported execution of the warrant; or  (d) in the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant.  (2) Subsection (1) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration. 3ZZTC  Dealing with things, information or documents obtained under a monitoring warrant—control order declared to be void  (a) a monitoring warrant was issued on the basis that an interim control order was in force; and  (b) a court subsequently declares the interim control order to be void; and  (c) before the declaration was made, a thing was seized, information was obtained, or a document was produced, as a result of:  (i) the purported execution of the warrant; or  (ii) the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant. Dealing  (2) A person may:  (a) adduce the thing, information or document as evidence in a proceeding; or  (b) use or communicate the information; or  (c) use, or communicate the contents of, the document; if:  (d) the person reasonably believes that doing so is necessary to assist in preventing, or reducing the risk of:  (i) the commission of a terrorist act; or  (ii) serious harm to a person; or  (iii) serious damage to property; or  (e) the person does so for one or more purposes set out in subsection (3). Purposes  (3) The purposes are purposes connected with:  (a) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Division 105 of the Criminal Code, so far as the function, duty or power relates to a preventative detention order (within the meaning of Part 5.3 of the Criminal Code); or  (b) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2A of the Terrorism (Police Powers) Act 2002 (NSW), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or  (c) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or  (d) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Qld), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or  (e) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2006 (WA), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or  (f) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (SA), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or  (g) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Tas.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or  (h) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or  (i) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part). Definition serious harm has the same meaning as in the Criminal Code. 3ZZTD  Commissioner to keep documents connected with issue of monitoring warrants   The Commissioner must cause to be kept in the Australian Federal Police’s records:  (a) each monitoring warrant issued to the Australian Federal Police; and  (b) each instrument revoking a monitoring warrant; and  (c) each order under section 3ZZQA granting an extension of a period. 3ZZTE  Commissioner to notify Ombudsman in relation to monitoring warrants  (1) Within 6 months after a monitoring warrant is issued in response to an application by the Australian Federal Police, the Commissioner must:  (a) notify the Ombudsman that the warrant has been issued; and  (b) give to the Ombudsman a copy of the warrant.  (2) As soon as practicable after a member or special member of the Australian Federal Police has contravened a provision of this Part or of a monitoring warrant, the Commissioner must notify the Ombudsman of the contravention.  (3) A failure to comply with subsection (1) or (2) does not affect the validity of a monitoring warrant. Division 11—Inspections by Ombudsman 3ZZUA  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. 3ZZUB  Inspection of records by the Ombudsman  (1) The Ombudsman may inspect the records of the Australian Federal Police to determine the extent of compliance by the Australian Federal Police and members and special members of the Australian Federal Police with the provisions of:  (a) this Part; or  (b) monitoring warrants.  (a) may, after notifying the Commissioner, enter at any reasonable time premises occupied by the Australian Federal Police; and  (b) is entitled to have full and free access at all reasonable times to all records of the Australian Federal Police that are relevant to the inspection; and  (c) may require a staff member of the Australian Federal Police to give the Ombudsman any information that the Ombudsman considers necessary, being information that is in the staff member’s possession, or to which the staff member has access, and that is relevant to the inspection.  (3) The Commissioner must ensure that staff members of the Australian Federal Police give the Ombudsman any assistance the Ombudsman reasonably requires to enable the Ombudsman to perform functions under this section. 3ZZUC  Power to obtain relevant information  (1) If the Ombudsman has reasonable grounds to believe that a staff member of the Australian Federal Police is able to give information relevant to an inspection under this Division, 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 the Australian Federal Police is able to give information relevant to an inspection under this Division; and  (b) does not know the staff member’s identity; the Ombudsman may, by writing given to the Commissioner, require the Commissioner, or a person nominated by the Commissioner, 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. 3ZZUD  Offence  (a) the person is required under section 3ZZUC to attend before another person, to give information or to answer questions; and 3ZZUE  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 Part 7.4 or 7.7 of the Criminal Code.  (3) Nothing in any other law prevents a staff member of the Australian Federal Police 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 Australian Federal Police to the Ombudsman or an inspecting officer; for the purposes of an inspection under this Division.  (4) Nothing in any other law prevents a staff member of the Australian Federal Police 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. 3ZZUF  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.  (4) In this Part: 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 3ZZUB. 3ZZUG  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. 3ZZUH  Annual report  (1) The Ombudsman must, as soon as practicable after the end of each financial year, prepare and give to the Minister a report on the results of any inspections under section 3ZZUB in the year. Note: The report is included in a report under section 104.29 of the Criminal Code.  (2) The report must include the number of contraventions by the Australian Federal Police and members and special members of the Australian Federal Police of the provisions of:  (a) this Part; or  (b) monitoring warrants; identified by the Ombudsman in the year.  (3) The Ombudsman must give a copy of a report under this section to the Commissioner.  (4) A report under this section must not include information which, if made public, could reasonably be expected to:  (a) endanger a person’s safety; or  (b) prejudice an investigation, or prosecution, of an offence; or  (c) compromise the operational activities or methodologies of:  (i) the Australian Federal Police; or  (ii) any other Commonwealth, State, Territory or foreign law enforcement, intelligence or security agency. Part IAABA—Monitoring of compliance with community safety supervision orders etc.   3ZZUHA  Simplified outline of this Part This Part affects how Part IAAB operates, so that that Part (with some modifications set out in this Part) also applies in relation to community safety supervision orders made under Division 395 of the Criminal Code. 3ZZUHB  Definitions community safety supervision order has the same meaning as in Division 395 of the Criminal Code.