Part 15Police powers of entry, search etc

Part 15—Police powers of entry, search etc 67—General search warrants (1) Despite any law or custom to the contrary, the Commissioner may issue general search warrants to such police officers as the Commissioner thinks fit. (2) Every such warrant must be in the form in Schedule 1, or in a form to the same effect, and must be signed by the Commissioner. (3) Every such warrant will, subject to prior revocation by the Commissioner, remain in force for six months from the date of the warrant, or for a shorter period specified in the warrant. (4) The police officer named in any such warrant may, at any time of the day or night, exercise all or any of the following powers: (a) the officer may, with such assistants as he or she thinks necessary, enter into, break open and search any house, building, premises or place where he or she has reasonable cause to suspect that— (i) an offence has been recently committed, or is about to be committed; or (ii) there are stolen goods; or (iii) there is anything that may afford evidence as to the commission of an offence; or (iv) there is anything that may be intended to be used for the purpose of committing an offence; (b) the officer may break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not, in which he or she has reasonable cause to suspect that— (i) there are stolen goods; or (ii) there is anything that may afford evidence as to the commission of an offence; or (iii) there is anything that may be intended to be used for the purpose of committing an offence; (c) the officer may seize any such goods or things to be dealt with according to law. 68—Power to search suspected vehicles, vessels, and persons (1) A police officer may do any or all of the following things, namely, stop, search and detain— (a) a vehicle or vessel in or upon which there is reasonable cause to suspect that— (i) there are stolen goods; or (ii) there is an object, possession of which constitutes an offence; or (iii) there is evidence of the commission of an indictable offence; (b) a person who is reasonably suspected of having, on or about his or her person— (i) stolen goods; or (ii) an object, possession of which constitutes an offence; or (iii) evidence of the commission of an indictable offence. stolen goods includes goods obtained by the commission of an offence. 68A—Power to search land for stolen vehicles etc A police officer may, if he or she has reasonable cause to suspect that a vehicle has been stolen or used without the consent of the owner and is on any land or premises, enter the land or premises and search for the vehicle, and, if it is found, examine it. 69—Power to board vessels A police officer may, at any time of the day or night— (a) enter into or upon a vessel which is in any harbor, port, dock, river or creek and into or upon every part of the vessel; and (b) search and inspect the vessel; and (c) inspect and observe the conduct of all persons who are employed on board the vessel in or about the loading or unloading of the vessel; and (d) take all such measures as are necessary for providing against fire and other accidents; and (e) take all such measures as are necessary for preserving peace and good order and preventing or detecting the commission of offences on board the vessel. 70—Power to stop and search vessels If a police officer in charge of a police station or holding a rank not lower than sergeant has reasonable cause to suspect— (a) that an offence has been, or is about to be, committed on board a vessel which is in any harbor, port, dock, river or creek; or (b) that a person who has committed an offence, or against whom a warrant has been issued by a justice, is on board a vessel, the officer may, at any time of the day or night, exercise all or any of the following powers: (c) the officer may stop and detain that vessel; (d) the officer may enter, at all times, with such constables as he or she thinks necessary, into and upon that vessel and every part of that vessel; (e) the officer may search and inspect that vessel and in doing so take all necessary measures for the effectual prevention or detection of any such suspected offence and for the apprehension of any such suspected person; (f) the officer may take into custody any person reasonably suspected of having committed an offence or liable to apprehension under paragraph (e); (g) the officer may take charge of all property suspected to be stolen or otherwise unlawfully obtained. 71—Power to apprehend persons committing offences on board ships A police officer holding a rank not lower than sergeant, or a constable, when so ordered by any such police officer or called upon by the master or chief officer of the vessel concerned, may— (a) enter into and upon a vessel which is in any harbor, port, dock, river or creek; and (b) without any warrant, apprehend a person whom he or she finds drunk or committing an offence or whom he or she has reasonable cause to suspect of having committed an offence. 72—Interpretation In sections 69, 70 and 71— vessel means a ship, boat or other navigable vessel, not being a naval ship, boat or vessel. 72D—Explosives offences—special powers (1) A police officer may— (a) at any time, enter and search any premises for the purpose of ascertaining whether a suspected offence against Part 3D of the Criminal Law Consolidation Act 1935 (an explosives offence) is being or has been committed; and (b) if reasonably necessary for that purpose, break into or open any part of the premises, or anything in or on the premises; and (c) for the purposes of paragraph (a) or (b), require the driver of any vehicle, the master of any vessel or the pilot of any aircraft to stop that vehicle, vessel or aircraft; and (d) seize any property that may be intended to be used for the purpose of committing, or that may afford evidence as to the commission of, an offence (whether or not an explosives offence) to be dealt with according to law. (2) The Commissioner may direct that property seized by a police officer exercising search powers under this section in relation to a suspected explosives offence (seized property) be destroyed, whether or not a person has been or is to be charged with an offence in relation to it. (3) Property referred to in subsection (2) may be destroyed at the place at which it was seized or at any other suitable place. (4) If a person is convicted of an offence in relation to property destroyed in accordance with subsection (2), the court may order the convicted person to pay the reasonable costs of destruction to the Commissioner. (5) If the Magistrates Court, on application by a police officer, or any court hearing proceedings for an offence relating to seized property, finds that seized property was the subject of an explosives offence, the court may, by order, forfeit the property to the Crown. (6) Property that is the subject of an order for forfeiture under this section may be sold, destroyed or otherwise disposed of as the Commissioner directs. (7) Subject to subsections (8) and (9), if seized property has not been forfeited to the Crown in proceedings commenced within the prescribed period after its seizure, a person from whose lawful possession the property was seized, or a person with legal title to it, is entitled to recover from the Commissioner (if necessary, by action in a court of competent jurisdiction) the property itself, or if it has been damaged or destroyed or has deteriorated, compensation of an amount equal to its market value at the time of its seizure. (8) Subsection (7) does not apply to property that has been destroyed under subsection (2). (9) Despite subsection (7), a court hearing proceedings under that subsection in relation to property that has not been destroyed under subsection (2) may, if it thinks fit, make an order under subsection (5) for forfeiture of the property to the Crown. (10) Nothing in this section affects the operation of the Criminal Assets Confiscation Act 2005. (11) In this section— premises means any land, building, structure, vehicle, vessel or aircraft; prescribed period means 2 years or such longer period as the Magistrates Court may, on application by a police officer, allow. 72E—Explosives offences—analysis and evidence (1) The Commissioner may appoint analysts for the purposes of analysing seized property. (2) The Commissioner must develop, and publish on a website determined by the Commissioner, guidelines in relation to— (a) the manner in which seized property may be analysed; and (b) the keeping of records in relation to the analysis of seized property. (3) Guidelines published under subsection (2) may (without limitation) provide for an analysis of seized property to be undertaken by means of testing, physical examination, visual inspection of the property, or of photographs or films of the property, or in any other manner the Commissioner thinks fit, having regard to the need to protect the safety of any persons or property. (4) In any proceedings for an explosives offence, an apparently genuine document purporting to be signed by an analyst and to certify that an analysis of seized property referred to in the certificate was carried out by, or under the supervision of, the analyst in accordance with guidelines published under subsection (2) will, in the absence of proof to the contrary, be proof of any facts stated in the certificate— (a) tending to identify the property analysed or the nature of the property analysed; and (b) as to the weight, amount or quantity of the property analysed; and (c) relating to the nature and results of the analysis. (5) In any proceedings for an explosives offence, an apparently genuine document purporting to be signed by an analyst and to certify that a specified substance is an explosive substance within the meaning of Part 3D of the Criminal Law Consolidation Act 1935 will, in the absence of proof to the contrary, be proof of the matter certified. (6) If the label on a container or vehicle states or indicates that it contains a dangerous substance then, in proceedings for an explosives offence, it is to be taken, in the absence of proof to the contrary— (a) that the container or vehicle contains a dangerous substance of the description and in the quantity stated on the label; and (b) that all other information on the label, or any other label on the container or vehicle, about the dangerous substance is true. (7) In any proceedings for an explosives offence, an apparently genuine document purporting to be signed by the Commissioner and to certify that a person named in the certificate is an analyst will, in the absence of proof to the contrary, be proof of the matter certified. (8) In this section— dangerous substance has the same meaning as in the Dangerous Substances Act 1979; explosives offence has the same meaning as in section 72D; label, in relation to a container or vehicle, means any label, marking, placard or other information on the container or vehicle; seized property means seized property within the meaning of section 72D. 72F—Annual report on explosives powers The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation): (a) the number of occasions on which the search powers under section 72D were exercised during the period to which the report relates; and (b) the number of occasions on which property was seized as a result of the exercise of those search powers and the nature of the property seized; and (c) whether any persons were charged with explosives offences (within the meaning of section 72D) in connection with the exercise of those search powers; and (d) any other information requested by the Minister. 73—Power of police to remove disorderly persons from public venues (1) A police officer may enter a public venue and— (a) order any person who is behaving in a disorderly or offensive manner to leave; or (b) use reasonable force to remove any person who is behaving in such a manner. (2) A person— (a) who remains in a public venue after having been ordered to leave pursuant to this section; or (b) who re-enters, or attempts to re-enter, a public venue within 24 hours of having left or having been removed from such a place pursuant to this section, 74—Power to enter licensed premises etc (1) A police officer, when called upon by the holder of a licence under the Liquor Licensing Act 1997, may— (a) enter the premises to which the licence relates; and (b) without any warrant, apprehend any person whom the officer finds drunk and behaving in a riotous or indecent manner or whom the officer finds fighting, or using threatening, abusive or insulting words, or behaving in a threatening, abusive or insulting manner. (2) The powers conferred by subsection (1) are additional to powers conferred on a police officer by or under any other Act. 74A—Power to require statement of name and other personal details (1) Where a police officer has reasonable cause to suspect— (a) that a person has committed, is committing, or is about to commit, an offence; or (b) that a person may be able to assist in the investigation of an offence or a suspected offence, the officer may require that person to state all or any of the person's personal details. (2) Where a police officer has reasonable cause to suspect that a personal detail as stated in response to a requirement under subsection (1) is false, the officer may require the person making the statement to produce evidence of the correctness of the personal detail as stated. (3) A person who— (a) refuses or fails, without reasonable excuse, to comply with a requirement under subsection (1) or (2); or (b) in response to a requirement under subsection (1) or (2)— (i) states a personal detail that is false; or (ii) produces false evidence of a personal detail, (4) A police officer who has required a person to state all or any of the person's personal details under this section is required to comply with a request to identify himself or herself, by— (a) producing his or her police identification; or (b) stating orally or in writing his or her surname, rank and identification number. personal details, in relation to a person, means— (a) the person's full name; and (b) the person's date of birth; and (c) the address of where the person is living; and (d) the address of where the person usually lives; and (e) the person's business address; and (f) if the police officer has reasonable cause to suspect that a person has committed, is committing, or is about to commit a sexual offence involving a child or children—the name and address of any place where that person works (whether as an employee, an independent contractor, a volunteer or in any other capacity). 74AB—Questions as to identity of drivers etc (1) A police officer may ask a person questions for the purpose of obtaining information that may lead to the identification of the person who was driving, or was the owner of, a vehicle on a particular occasion or at a particular time. (a) refuses or fails, without reasonable excuse, to answer a question under subsection (1); or (b) in response to a question under subsection (1) gives an answer that is false or misleading in a material particular, (3) A police officer who has asked a person a question under this section is required to comply with a request to identify himself or herself, by— (a) producing his or her police identification; or (b) stating orally or in writing his or her surname, rank and identification number. 74B—Road blocks (2) Where a senior police officer believes on reasonable grounds that the establishment of a road block at a particular place would significantly improve the prospects of apprehending a person— (a) suspected of having committed a major offence; or (b) who has escaped from lawful detention, the officer may authorise the establishment of a road block at that place. (3) An authorisation under this section— (a) operates for an initial period (not exceeding 12 hours) specified by the officer granting the authorisation; and (b) may be renewed from time to time by a magistrate for a further period (not exceeding 12 hours). (4) An authorisation may be granted under this section orally or in writing but a written record must be kept of— (a) the place at which the establishment of a road block was authorised; (b) the period or periods for which the authorisation was granted or renewed; (c) the grounds on which the authorisation was granted or renewed. (5) Where a road block is authorised under this section, a police officer— (a) may establish a road block (consisting of any appropriate form of barrier or obstruction preventing or limiting the passage of vehicles) at the place to which the authorisation relates; (b) may stop vehicles at or in the vicinity of the road block; (c) may require any person in any such vehicle to state his or her full name and address; (d) may search the vehicle for the purpose of ascertaining whether the person for whose apprehension the road block was established is in or on the vehicle and give reasonable directions to any person in the vehicle for the purpose of facilitating the search; (e) may take possession of any object found in the course of such a search that the officer suspects on reasonable grounds to constitute evidence of an offence. (6) Where a police officer suspects on reasonable grounds that a name or address as stated in response to a requirement under subsection (5) is false, he or she may require the person making the statement to produce evidence of the correctness of the name or address as stated. (7) A person who— (a) fails, without reasonable excuse, to stop a vehicle at a road block when requested or signalled to do so; or (b) fails, without reasonable excuse, to comply with a requirement or direction under subsection (5) or (6); or (c) in response to a requirement under subsection (5) or (6)— (i) states a name or address that is false; or (ii) produces false evidence of his or her name or address, (8) In proceedings for an offence against this section, a certificate apparently signed by a senior police officer stating— (a) that an authorisation under this section was given or renewed for a specified period; and (b) that the authorisation authorised the establishment of a road block at a specified place; and (c) the grounds on which the authorisation was given or renewed, will be accepted, in the absence of proof to the contrary, as proof of the matters stated in the certificate. (9) The Commissioner must, as soon as practicable after each successive period of three months following the commencement of this section, submit a report to the Minister in relation to that period stating— (a) the number of authorisations granted under this section during that period; (b) in relation to each authorisation granted during that period— (i) the place at which the establishment of a road block was authorised; (ii) the period or periods for which the authorisation was granted or renewed; (iii) the grounds on which the authorisation was granted or renewed; (c) any other matters the Commissioner considers relevant. (10) The Minister must cause copies of a report under subsection (9) to be laid before both Houses of Parliament within seven sitting days after receipt of the report if Parliament is in session, or if Parliament is not then in session, within seven sitting days after the commencement of the next session of Parliament. 74BAA—Vehicle immobilisation devices (1) If an authorised police officer believes on reasonable grounds that— (a) — (i) the driver of a motor vehicle has disobeyed, or is likely to disobey, a request or signal to stop given under this or any other Act; or (ii) the use of a vehicle immobilisation device would significantly improve the prospects of apprehending a person— (A) suspected of having committed a major offence; or (B) who has escaped from lawful detention; and (b) a vehicle immobilisation device can be used without undue risk to occupants of the vehicle or persons in the vicinity of the vehicle, the officer may use a vehicle immobilisation device. (2) The Governor may, by regulation made on the recommendation of the Minister, declare a device of a specified kind to be a vehicle immobilisation device. (3) The Minister must not recommend that a device be declared a vehicle immobilisation device unless satisfied that— (a) the device has been adequately tested in the State or in conditions similar to those found in the State; and (b) the device can, at an appropriate range of speeds, immobilise a target motor vehicle without undue risk to occupants of the vehicle or persons in the vicinity of the vehicle. authorised police officer means a police officer authorised by the Commissioner for the purposes of this section; vehicle immobilisation device means a device declared by regulation to be a vehicle immobilisation device for the purposes of this section. 74BAAB—Use of detection aids in searches (1) A police officer may, in exercising powers under this Part, use a drug detection dog, an electronic drug detection system, a metal detector or any other system or device designed to assist in the detection of objects or substances. drug detection dog has the same meaning as in the Controlled Substances Act 1984; electronic drug detection system has the same meaning as in the Controlled Substances Act 1984. Part 16—Fortifications 74BA—Interpretation In this Part, unless the contrary intention appears— Court means the Magistrates Court of South Australia; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety; declared organisation has the same meaning as in the Serious and Organised Crime (Control) Act 2008; fortification means any security measure that involves a structure or device forming part of, or attached to, premises that— (a) is intended or designed to prevent or impede police access to the premises; or (b) has, or could have, the effect of preventing or impeding police access to the premises and is excessive for the particular type of premises, and fortified has a corresponding meaning; fortification removal order means an order under section 74BB; member, in relation to a declared organisation, has the same meaning as in the Serious and Organised Crime (Control) Act 2008; occupier, in relation to premises, means a person who has, or is entitled to, possession or control of the premises; premises includes— (a) land; and (b) a building or structure on land; and (c) a part of premises; serious criminal offence means— (a) an indictable offence; or (b) an offence prescribed by regulation for the purposes of this definition. 74BB—Fortification removal order (1) If, on the application of the Commissioner, the Court is satisfied that— (a) premises named in the application are fortified; and (b) — (i) the fortifications have been created in contravention of the Development Act 1993; or (ii) there are reasonable grounds to believe the premises are being, have been, or are likely to be, used— (A) for or in connection with the commission of a serious criminal offence; or (B) to conceal evidence of a serious criminal offence; or (C) to keep the proceeds of a serious criminal offence; or (iii) the premises— (A) are owned by a declared organisation or a member of a declared organisation; or (B) are occupied or habitually used as a place of resort by members of a declared organisation, the Court may issue a fortification removal order in respect of the premises. (2) A fortification removal order is directed to the occupier of the premises or, if there is more than one occupier, any one or more of the occupiers of the premises, and requires the named occupier or occupiers to remove or modify the fortifications, as specified in the order. (3) A fortification removal order may be issued on an application made without notice to any person. (4) The grounds of an application for a fortification removal order must be verified by affidavit. 74BC—Content of fortification removal order (1) A fortification removal order must include— (a) a statement to the effect that specified fortifications at the premises must be removed or modified, as directed by the Court, within a period of time fixed by the order (which may not be less than 14 days after service of the order); and (b) subject to subsection (2)—a statement of the grounds on which the order has been issued; and (c) an explanation of the right of objection under section 74BE; and (d) an explanation of the Commissioner's power to enforce the order under section 74BI. (2) A statement of the grounds on which a fortification removal order has been issued must not contain information the disclosure of which would be inconsistent with a decision of the Court under section 74BGA. (3) A copy of the affidavit verifying the grounds on which the application was made must be attached to the fortification removal order unless disclosure of information included in the affidavit would be inconsistent with a decision of the Court under section 74BGA. (4) If disclosure of information included in the affidavit would be inconsistent with a decision of the Court under section 74BGA, an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, may be attached to the fortification removal order. 74BD—Service of fortification removal order (1) A fortification removal order must be served on the occupier or occupiers named in the order. (2) If the owner of the premises in relation to which a fortification removal order has been made is not named in the order, a copy of the order must be served on the owner. (3) Subject to subsection (4), service of a fortification removal order must be effected personally or by registered post. (4) If service cannot be promptly effected, it will be sufficient service for the Commissioner to affix a copy of the fortification removal order to the premises at a prominent place at or near to the entrance to the premises. 74BE—Right of objection (1) Subject to subsection (2), a person on whom a fortification removal order has been served may, within 14 days of service of the order, lodge a notice of objection with the Court. (2) A notice of objection cannot be lodged if a notice has previously been lodged in relation to the fortification removal order (unless proceedings in relation to the earlier notice have been discontinued). (3) The grounds of the objection must be stated fully and in detail in the notice of objection. (4) A copy of the notice of objection must be served by the objector on the Commissioner personally or by registered post at least 7 days before the day appointed for hearing of the notice. 74BF—Procedure on hearing of notice of objection (1) In any proceedings in relation to a notice of objection, the Court must, if convenient to the Court, be constituted of the Magistrate who issued the fortification removal order to which the notice of objection relates. (2) The Court must, when determining a notice of objection, consider whether, in the light of the evidence presented by both the Commissioner and the objector, sufficient grounds exist to satisfy the Court as to the requirements of section 74BB(1). (3) The Court may, on hearing a notice of objection, confirm, vary or withdraw the fortification removal order. (4) If, on the hearing of a notice of objection, the fortification removal order is confirmed or varied, the period of time allowed for compliance with the order, as fixed by the order, is (unless the Court specifies otherwise) taken to commence on the day of the Court's determination. 74BG—Appeal (1) The Commissioner or an objector may appeal to the Supreme Court against a decision of the Court on a notice of objection. (2) An appeal lies as of right on a question of law and with permission on a question of fact. (3) An appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court. (4) If an appeal is commenced under this section, enforcement of the fortification removal order is stayed until proceedings in relation to the appeal are finalised. (5) If an appeal under this section results in confirmation or variation of the fortification removal order, the period of time allowed for compliance with the order, as fixed by the order, is (unless the Supreme Court specifies otherwise) taken to commence on the day of the Supreme Court's decision. 74BGA—Criminal intelligence In any proceedings under this Part, the court determining the proceedings— (a) must, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of superintendent. 74BH—Withdrawal notice (1) If the Commissioner determines that a fortification removal order will not be enforced, the Commissioner must lodge a withdrawal notice with the Court. (2) The withdrawal notice must identify the premises, refer to the fortification removal order and state that the Commissioner has decided not to enforce the order. (3) The withdrawal notice must be served on the occupier or occupiers named in the order and all persons on whom a copy of the fortification removal order was served. (4) The withdrawal notice may be served in any way that section 74BD would enable a fortification removal order to be served. 74BI—Enforcement (1) If, in relation to a fortification removal order— (a) a withdrawal notice is not lodged; and (b) — (i) a notice of objection is not lodged; or (ii) the fortification removal order is confirmed or varied by the Court under section 74BF and an appeal in relation to the decision of the Court is not commenced; or (iii) an appeal under section 74BG results in confirmation or variation of the fortification removal order; and (c) the fortifications at the premises are not, within the period of time specified in the fortification removal order or any further time allowed by the Commissioner under subsection (2), removed or modified to the extent necessary to satisfy the Commissioner that there has been compliance with the order, the Commissioner may cause the fortifications to be removed or modified to the extent required by the order. (2) The Commissioner may extend the time allowed by the order if, before the time allowed elapses, application is made to the Commissioner for it to be extended. (3) For the purposes of causing fortifications to be removed or modified, the Commissioner, or any police officer authorised by the Commissioner for the purposes of this section, may do one or more of the following: (a) enter the premises without warrant; (b) obtain expert or technical advice; (c) make use of any person or equipment he or she considers necessary. (4) The Commissioner may seize anything that can be salvaged in the course of removing or modifying fortifications under this section, and may sell or dispose of it as the Commissioner considers appropriate. (5) The proceeds of any sale under subsection (4) are forfeited to the State and, to the extent that they are insufficient to meet the costs incurred by the Commissioner under this section, the Commissioner may recover those costs as a debt from any person who caused the fortifications to be created. 74BJ—Hindering removal or modification of fortifications (1) A person must not do anything with the intention of preventing, obstructing, interfering with or delaying the removal or modification of fortifications in accordance with a fortification removal order. (2) Subsection (1) applies to the removal or modification of fortifications by a person who— (a) is, or is acting for or on the instructions of, an occupier or owner of the premises; or (b) is acting under section 74BI. 74BK—Liability for damage (1) Subject to subsection (2), no action lies against the Crown or any person for damage to property resulting from enforcement of a fortification removal order. (2) However, an owner of premises may recover the reasonable costs associated with repair or replacement of property damaged as a result of creation of fortifications or enforcement of a fortification removal order as a debt from any person who caused the fortifications to be created. 74BL—Delegation The Commissioner may delegate any of the Commissioner's functions or powers under this Part to any police officer holding a rank not lower than that of inspector, subject to any limitations or conditions that the Commissioner thinks it proper to impose. 74BM—Application of Part (1) If the provisions of this Part are inconsistent with any other Act or law, the provisions of this Part prevail. (2) No application for approval is required under the Development Act 1993 for work required by a fortification removal order. Part 16A—Access to data held electronically 74BN—Interpretation child exploitation offence means— (a) an offence against Part 3 Division 11A of the Criminal Law Consolidation Act 1935; or (b) any other offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; computer includes a tablet, mobile phone and any other electronic device that is capable of connecting to the internet; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety; data includes— (a) information in any form; and (b) any program or part of a program; data storage device means any article, material or thing (for example, a disk or file server) from which information is capable of being reproduced, with or without the aid of any other article or device; (a) a child exploitation offence; or (b) an offence against section 37A of the Firearms Act 2015. (2) For the purposes of this Part, data held on a computer or data storage device, includes data held on a remote computer or remote data storage device (for example, a cloud storage system) that is accessible from the computer or data storage device. (3) Without limiting the type of information or assistance that may be required to be provided for the purposes of an order under this Part, information or assistance may include the provision of fingerprints and retinal or facial scans. 74BO—Interaction with other Acts or laws The provisions of this Part are in addition to, and do not limit or derogate from, this or any other Act or law. 74BP—Extraterritorial operation It is the intention of the Parliament that this Part apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament. 74BQ—Order not required if information or assistance provided voluntarily An order is not required under this Part if information or assistance of a kind referred to in section 74BR(1) is, at the request of a police officer or otherwise, provided by a person voluntarily, and any evidence or information obtained by such voluntary provision of information or assistance is to be treated as if it were obtained by the lawful exercise of powers pursuant to an order under this Part. 74BR—Order to provide information or assistance to access data held on computer etc (1) A magistrate may, on application by a police officer, make an order requiring a person (the specified person) to provide any information or assistance that is reasonable or necessary to allow a police officer to do 1 or more of the following: (a) access, examine, or perform any function in relation to, any data held on any computer or data storage device; (b) copy data held on any computer or data storage device to another computer or data storage device; (c) reproduce or convert data held on any computer or data storage device into documentary form or another form that enables it to be understood by the police officer. (2) The specified person is not a party to proceedings under this section. (3) The magistrate may make the order if satisfied that— (a) there are reasonable grounds to suspect that data held on a computer or data storage device may afford evidence of a prescribed offence; and (b) the specified person is— (i) reasonably suspected of having committed a prescribed offence in relation to which the order is sought; or (ii) the owner or lessee of the computer or data storage device; or (iii) an employee of the owner or lessee of the computer or data storage device; or (iv) a person engaged under a contract for services by the owner or lessee of the computer or data storage device; or (v) a person who uses or has used the computer or data storage device; or (vi) a person who is, or was, a system administrator for the system including the computer or data storage device; and (c) the specified person has relevant knowledge of— (i) the computer, data storage device or a computer network of which the computer or device forms or formed a part; or (ii) measures applied to protect data held on the computer or data storage device. (4) The order— (a) need not identify any particular computer or data storage device in respect of which it applies; and (b) need not specify the particular information or assistance to be provided; and (c) may specify the period within which the specified person must provide the information or assistance; and (d) may provide that the specified person provide information or assistance at a place at which a computer or data storage device has been, or is to be, lawfully removed; and (e) may specify any conditions to which the requirement to provide information or assistance is subject. (5) A statement of the grounds on which an order has been made must not contain information, the disclosure of which would be inconsistent with a decision of a magistrate under section 74BU. (6) An order may be made in respect of a child exploitation offence suspected of having been committed, or alleged to have been committed, before or after the commencement of this Part. 74BS—Application for order (1) An application for an order must— (a) state the applicant's full name and official details; and (b) state the name of the person to whom the order will apply; and (c) state the nature of the prescribed offence that is suspected to have been committed, and in relation to which the order is required; and (d) state the grounds on which the applicant suspects that the offence has been committed; and (e) state the grounds on which the applicant suspects that any data held on a computer or data storage device is or may be relevant to the offence; and (f) state the grounds on which the applicant suspects that the specified person has knowledge relevant to gaining access to any data held on a computer or data storage device; and (g) include any other prescribed information. (2) Subject to section 74BT, an application for an order must be accompanied by an affidavit made by the applicant, verifying the grounds of the application. 74BT—Order required in urgent circumstances (1) If a police officer considers that an order under section 74BR is required urgently, either because of serious or urgent circumstances, or to prevent concealment, alteration, loss or destruction of data held on a computer or data storage device that may afford evidence of a prescribed offence, the police officer may make an application in accordance with subsection (2) and may— (a) require a person who is reasonably suspected of having committed that offence to remain at a particular place, or accompany the officer to the nearest police station, for— (i) so long as may be necessary for an application for an order to be made to, and considered by, a magistrate in accordance with subsection (2), and if the order is made, for the order to be served on the person; or (ii) 4 hours, whichever is the lesser; and (b) require that the person, for the period referred to in paragraph (a), not use or access a computer, data storage device, telephone or other means of electronic communication, other than to contact a legal practitioner for the purpose of obtaining legal advice, or in accordance with any directions of a police officer; and (c) if the person refuses or fails to comply with either or both such requirements, or the police officer forms a reasonable suspicion that either or both such requirements will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a). (2) The following provisions apply to an order under this Part that is required in urgent circumstances: (a) application may be made to a magistrate by telephone and must include— (i) the information required under section 74BS(1); and (ii) details of the circumstances giving rise to the urgency of the application; and (iii) any other information required by the magistrate to determine the application; (b) the magistrate is entitled to assume the accuracy of the information as to the applicant's identity and official details supplied by the applicant without further inquiry; (c) if the magistrate is satisfied as to the grounds for making the order, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the making of the order, and must not proceed to make the order unless the applicant undertakes to make an affidavit verifying those facts; (d) if the applicant gives such an undertaking, the magistrate may proceed to make the order and, subject to subsection (3), note on the order, the facts that justify, in the opinion of the magistrate, the making of the order and informing the applicant of the terms of the order; (e) the order is to be taken to have been made, and comes into force, when signed by the magistrate; (f) the applicant must, as soon as reasonably practicable after the making of the order, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c); (g) the magistrate must, as soon as reasonably practicable after the making of the order, forward a copy of the order to the applicant. (3) A statement of the grounds on which an order has been made must not contain information, the disclosure of which would be inconsistent with a decision of a magistrate under section 74BU. 74BU—Criminal Intelligence (1) In any proceedings under this Part the magistrate determining the proceedings— (a) must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of superintendent. (2) The duties imposed on a magistrate by subsection (1) in relation to proceedings under this Part apply to any court dealing with information properly classified under this Part as criminal intelligence or with the question of whether information has been properly classified under this Part by the Commissioner of Police as criminal intelligence. (3) The Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Part except to a Deputy Commissioner or Assistant Commissioner of Police. 74BV—Service of order A copy of an order under this Part must be served personally on the person to whom it applies as soon as reasonably practicable after it is made, and in any event, before the period specified (if any) in the order within which the assistance or information is to be provided. 74BW—Effect and operation of order (1) A person who is served with an order under this Part commits an offence if the person, without reasonable excuse, contravenes or fails to comply with the order. Maximum penalty: Imprisonment for 5 years. (2) A person is not excused from complying with an order on the ground that to do so may result in information being provided that might incriminate the person. (3) Despite any other Act or law, evidence or information relating to a child exploitation offence obtained by the lawful exercise of powers pursuant to an order under this Part made in relation to such an offence, and evidence or information relating to a child exploitation offence obtained incidentally to such an exercise of powers— (a) may be used by law enforcement and prosecution authorities for the purposes of investigating and prosecuting any child exploitation offence; and (b) is not inadmissible in proceedings before a court in relation to a child exploitation offence merely because the order under this Part was obtained in relation to a different child exploitation offence. (3a) Despite any other Act or law, evidence or information relating to an offence against section 37A of the Firearms Act 2015 obtained by the lawful exercise of powers pursuant to an order under this Part made in relation to such an offence, and evidence or information relating to an offence against section 37A of the Firearms Act 2015 obtained incidentally to such an exercise of powers— (a) may be used by law enforcement and prosecution authorities for the purposes of investigating and prosecuting any offence against section 37A of the Firearms Act 2015; and (b) is not inadmissible in proceedings before a court in relation to an offence against section 37A of the Firearms Act 2015 merely because the order under this Part was obtained in respect of a different offence against that section. (4) A police officer may be assisted by such other persons in the exercise of powers pursuant to an order under this Part as the officer considers necessary in the circumstances. 74BX—Impeding investigation by interfering with data (1) A person commits an offence if the person, without lawful authority or reasonable excuse, alters, conceals or destroys data— (a) held on a computer or data storage device in respect of which an order has been, or is to be, made under this Part; and (b) that may be, or could reasonably be expected to be, evidence of an offence, and in so doing, the person intends that, or is recklessly indifferent as to whether— (c) the investigation of the commission of an offence by another person is impeded or prejudiced; or (d) another person is assisted to avoid apprehension or prosecution for an offence; or (e) the likelihood that another person is apprehended or prosecuted for an offence is reduced. Maximum penalty: Imprisonment for 5 years. (2) A person who is served with an order under this Part commits an offence if the person, without lawful authority or reasonable excuse— (a) alters, conceals or destroys data; or (b) causes another person to alter, conceal or destroy data, held on a computer or data storage device in respect of which the order was made and in so doing, or in causing the other person to so do, the person intends that, or is recklessly indifferent as to whether, the investigation of the commission of an offence is impeded or prejudiced. Maximum penalty: Imprisonment for 10 years. (3) A person who voluntarily provides, or purports to provide, information or assistance of a kind referred to in section 74BR(1) commits an offence if the information or assistance causes data held on a computer or data storage device to be, without lawful authority or reasonable excuse, altered, concealed or destroyed, and in so doing the person intends that, or is recklessly indifferent as to whether, the investigation of the commission of an offence is impeded or prejudiced. Maximum penalty: Imprisonment for 10 years. 74BY—Reporting (1) The Commissioner of Police must, on or before 30 September in each year (other than the calendar year in which this section comes into operation), provide a report to the Minister specifying the following information in relation to the financial year ending on the preceding 30 June: (a) how many applications were made by police officers under section 74BR, and of those applications, how many were granted, withdrawn or refused; (b) how many applications were made by police officers by telephone under section 74BT, and of those applications, how many were granted, withdrawn or refused; (c) in relation to orders made during that year following application by police officers— (i) a general description of the prescribed offences in relation to which the orders were made; and (ii) a general description of the types of computers and data storage devices, and the number of such computers and devices, in relation to which information or assistance was provided under each order; and (iii) the number of orders (if any) not complied with; (d) whether any persons were charged with a prescribed offence during that year on the basis (or partly on the basis) of information or evidence obtained as a result of information or assistance provided under an order; (e) any other information prescribed by regulation or specified by the Minister. (2) The Commissioner of Police must keep such records as are necessary to enable compliance with this section. (3) The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. 74BZ—Review of Part (1) The Minister must, as soon as is practicable after the third anniversary of the commencement of this Part, appoint a retired judicial officer to conduct a review of the operation and effectiveness of this Part since its commencement. (2) The Minister and the Commissioner of Police must ensure that the person appointed to conduct the review is provided with such information as the person may require for the purposes of conducting the review. (3) The person conducting the review must maintain the confidentiality of information provided to the person that is classified by the Commissioner of Police as criminal intelligence under this or any other Act. (4) A report on the review must be submitted to the Minister within 4 months of the commencement of the review. (5) The Minister must, within 12 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament. judicial officer means a person appointed as a judge of the Supreme Court or the District Court or a person appointed as a judge of another State or Territory or of the Commonwealth.