Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 3ZZBB — Authorisation to apply for a delayed notification search warrant
Scope (1A) This section applies if an eligible officer of an eligible agency seeks the authorisation of the chief officer of the agency to apply for a delayed notification search warrant in respect…
Section 3ZZCB — Specific powers available to person executing warrant
Photography (1) In executing a delayed notification search warrant, the executing officer or a person assisting may, for a purpose incidental to the execution of the warrant, take photographs…
Section 3ZZDB — Adjoining premises occupier’s notice must be prepared and given
(1) As soon as practicable after adjoining premises are entered under a delayed notification search warrant, the executing officer must prepare a written notice (the adjoining premises occupier’s…
Section 3ZZEB — When things seized must be returned
(1) If the chief officer of the relevant eligible agency is satisfied that a thing seized under this Part is not required (or is no longer required) for a purpose mentioned in section 3ZZEA or for…
Section 3ZZFB — Annual reports to Minister
(1) The chief officer of an eligible agency must give a written report to the Minister that includes the following information in respect of each financial year: (a) the number of applications for…
Section 3ZZGB — Inspection of records by the Ombudsman
(1) The Ombudsman must, from time to time and at least once in each 6-month period starting on 1 January or 1 July, inspect the records of each eligible agency to determine the extent of compliance…
Section 3ZZIB — Law relating to legal professional privilege not affected
Except as expressly provided, this Part does not affect the law relating to legal professional privilege. Note: Section 3ZZGE expressly overrides legal professional privilege.
Section 3ZZJB — Definitions
In this Part: confirmed control order has the same meaning as in Part 5.3 of the Criminal Code. control order has the same meaning as in Part 5.3 of the Criminal Code. damage, in relation to data,…
Section 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…
Section 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…
Section 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…
Section 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. Issue of warrant (2) The issuing officer may issue the warrant if the…
Section 3ZZPB — Offences relating to telephone warrants
A person commits an offence if: (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…
Section 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.
Section 3ZZTB — Protection of persons—control order declared to be void
(1) If: (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…
Section 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…
Section 3ZZVB — Consideration of application
Before deciding an application for approval of the giving of an emergency authorisation that relates to an online account, the magistrate considering the application must, in particular, and being…
Section 3C — Interpretation
(1) In this Part, unless the contrary intention appears: account-based data has the meaning given by section 3CAA. carrier means: (a) a carrier within the meaning of the Telecommunications Act 1997;…
Section 3UC — Requirement to provide name etc.
(1) A police officer may request the person to provide the officer with the following details: (a) the person’s name; (b) the person’s residential address; (c) the person’s reason for being in that…
Section 3UJC — Assessment officers
(1) An assessment officer is: (a) a person: (i) who is a Judge of the Federal Court of Australia, or a Judge of the Supreme Court of a State or Territory; and (ii) in relation to whom a consent under…
Section 3ZC — Use of force in making arrest
(1) A person must not, in the course of arresting another person for an offence, use more force, or subject the other person to greater indignity, than is necessary and reasonable to make the arrest…
Section 3ZQC — Obtaining of consents for the carrying out of a prescribed procedure
(1) For the purposes of paragraph 3ZQB(1)(c), an investigating official is taken to have obtained the requisite consents to the carrying out of a prescribed procedure in respect of a person if the…
Section 3ZZAC — Definitions
In this Part: adjoining premises, in relation to particular premises, means premises adjoining, or providing access, to the premises. adjoining premises occupier’s notice: see section 3ZZDB.…
Section 3ZZBC — Applying for a delayed notification search warrant
(1) An eligible officer of an eligible agency may apply to an eligible issuing officer for a delayed notification search warrant in respect of particular premises if the officer is authorised under…
Section 3ZZCC — Extension of time to re-enter premises left in emergency situation or to avoid discovery of law enforcement officer
(1) If: (a) a delayed notification search warrant in relation to premises is being executed; and (b) the executing officer and the persons assisting (if any) leave the premises for a reason described…
Section 3ZZDC — Time for giving warrant premises occupier’s notice or adjoining premises occupier’s notice
Section determines time by which notice must be given (1) This section: (a) applies if a warrant premises occupier’s notice, or an adjoining premises occupier’s notice, is prepared in relation to a…
Section 3ZZEC — Eligible issuing officer may permit a thing seized to be retained, forfeited etc.
(1) An eligible issuing officer may, on application by an eligible officer of an eligible agency, make any of the orders referred to in subsection (2) in relation to a thing seized under this Part if…
Section 3ZZFC — Regular reports to Ombudsman
As soon as practicable after each 6-month period starting on 1 January or 1 July the chief officer of an eligible agency must give a written report to the Ombudsman that includes the following…
Section 3ZZGC — Power to obtain relevant information
(1) If the Ombudsman has reasonable grounds to believe that a staff member of an eligible agency is able to give information relevant to an inspection under this Division of the agency’s records,…
Section 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…
Section 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…
Section 3ZZLC — Seizure powers
Scope (1) This section applies if: (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.…
Section 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…
Section 3ZZOC — Restrictions on personal searches
A monitoring warrant cannot authorise a strip search or a search of a person’s body cavities.
Section 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…
Section 3ZZTC — Dealing with things, information or documents obtained under a monitoring warrant—control order declared to be void
Scope (1) This section applies if: (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…
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)…
Section 3ZZVC — Magistrate may approve giving of an emergency authorisation
(1) After considering an application for approval of the giving of an emergency authorisation that relates to an online account, the magistrate may give the approval if satisfied that there were…
Section 3D — Application of Part
(1) This Part is not intended to limit or exclude the operation of another law of the Commonwealth (including other provisions of this Act) relating to: (a) the search of premises; or (b) arrest and…
Section 3UD — Stopping and searching
(1) A police officer may: (a) stop and detain the person for the purpose of conducting a search under paragraph (b); and (b) conduct one of the following searches for a terrorism related item: (i) an…
Section 3UJD — Consent of Judges
(1) A Judge of the Federal Court of Australia, or of the Supreme Court of a State or Territory, may, by writing, consent to be declared an assessment officer by the Minister administering the…
Section 3ZD — Persons to be informed of grounds of arrest
(1) A person who arrests another person for an offence must inform the other person, at the time of the arrest, of the offence for which the other person is being arrested. (2) It is sufficient if…
Section 3ZQD — Withdrawal of consent
If a person who has given consent to the carrying out of a prescribed procedure expressly withdraws consent to the carrying out of that procedure (or if the withdrawal of such consent can reasonably…
Section 3ZZAD — Eligible issuing officers
(1) An eligible issuing officer is: (a) a person: (i) who is a Judge of the Federal Court of Australia, or a Judge of the Supreme Court of a State or Territory; and (ii) in relation to whom a consent…
Section 3ZZBD — Issuing a delayed notification search warrant
(1) If: (a) an eligible officer applies to an eligible issuing officer, in accordance with section 3ZZBC, for a delayed notification search warrant in respect of particular premises (the main…
Section 3ZZCD — Executing a warrant—assistance, use of force and related matters
(1) In executing a delayed notification search warrant: (a) the executing officer may obtain such assistance; and (b) the executing officer, or an eligible officer who is a person assisting, may use…
Section 3ZZFD — Keeping documents connected with delayed notification search warrants
The chief officer of an eligible agency must cause the following to be kept: (a) a copy of each authorisation given in writing by the chief officer under section 3ZZBB; (b) a copy of the written…
Section 3ZZGD — Offence
A person commits an offence if: (a) the person is required under section 3ZZGC to attend before another person, to give information or to answer questions; and (b) the person refuses or fails to do…
Section 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…
Section 3ZZKD — Securing electronic equipment to obtain expert assistance
Scope (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…