Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 3ZZLD — Availability of assistance and use of force in executing a warrant
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 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.
Section 3ZZOD — Monitoring warrant must not be executed if the relevant Part 5.3 supervisory order is revoked etc.
(1) If: (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…
Section 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: (a) achieving a Part 5.3 object; (b) determining whether the relevant…
Section 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…
Section 3ZZUD — Offence
A person commits an offence if: (a) the person is required under section 3ZZUC to attend before another person, to give information or to answer questions; and (b) the person refuses or fails to do…
Section 3ZZVD — Admissibility of evidence
If the giving of an emergency authorisation is approved under section 3ZZVC, any evidence obtained because of the exercise of powers under that authorisation is not inadmissible in any proceeding…
Section 3E — When search warrants can be issued
(1) An issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or…
Section 3UE — Seizure of terrorism related items and serious offence related items
If a police officer: (a) conducts a search under section 3UD; and (b) finds, in the course of the search, a thing that is: (i) a terrorism related item; or (ii) a serious offence related item; the…
Section 3UJE — Nominated ART members
(1) The Minister administering the Administrative Review Tribunal Act 2024 (the ART Minister) may, by writing, nominate a person who holds one of the following appointments to the Administrative…
Section 3ZE — Power to conduct a frisk search of an arrested person
A constable who arrests a person for an offence, or who is present at such an arrest, may, if the constable suspects on reasonable grounds that it is prudent to do so in order to ascertain whether…
Section 3ZQE — Recording of giving of information about carrying out a prescribed procedure and relevant responses
(1) An investigating official must, if practicable, ensure that: (a) the giving of information about a prescribed procedure and the responses (if any) of the persons to whom the information is given…
Section 3ZZAE — Consent of Judges
(1) A Judge of the Federal Court of Australia, or of the Supreme Court of a State or Territory, may, by writing, consent to be declared an eligible issuing officer by the Minister administering the…
Section 3ZZBE — Contents of a delayed notification search warrant
(1) A delayed notification search warrant must specify the following: (a) the name of the applicant; (b) the name of the authorised agency; (c) the name of the eligible officer of that agency who,…
Section 3ZZCE — Use of equipment to examine or process things
Equipment may be brought onto warrant premises (1) In executing a delayed notification search warrant, the executing officer or a person assisting may bring to the warrant premises any equipment…
Section 3ZZFE — Register of delayed notification search warrants
(1) The chief officer of an eligible agency must cause a register of delayed notification search warrants to be kept. (2) The register is to specify, for each delayed notification search warrant…
Section 3ZZGE — Ombudsman to be given information etc. despite other laws
(1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving…
Section 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: (a) the search of premises; or (b) the…
Section 3ZZKE — Asking questions and seeking production of documents
Scope (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…
Section 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…
Section 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…
Section 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…
Section 3ZZVE — Restoration of online account
If: (a) a magistrate orders the cessation of taking control of the online account to which an emergency authorisation relates; and (b) as a result of the execution of the authorisation, the holder of…
Section 3F — The things authorised by a search warrant—general
(1) A warrant that is in force in relation to premises authorises the executing officer or a constable assisting: (a) to enter the warrant premises and, if the premises are a conveyance, to enter the…
Section 3UF — Seizure notices
Seizure notice to be served (1) A police officer who is for the time being responsible for a thing seized under section 3UE or 3UEA must, within 7 days after the day on which the thing was seized,…
Section 3ZF — Power to conduct an ordinary search of an arrested person
A constable who arrests a person for an offence, or who is present at such an arrest, may, if the constable suspects on reasonable grounds that the person is carrying: (a) evidential material in…
Section 3ZQF — Circumstances where judge or magistrate may order carrying out of a prescribed procedure on own initiative
If: (a) a person is being prosecuted for a Commonwealth offence; and (b) the judge or magistrate presiding over the proceedings related to that offence is satisfied that it is necessary to ascertain…
Section 3ZZAF — Nominated ART members
(1) The Minister administering the Administrative Review Tribunal Act 2024 (the ART Minister) may, by writing, nominate a person who holds one of the following appointments to the Administrative…
Section 3ZZBF — Delayed notification search warrants by telephone, fax etc.
When this section applies (1) This section applies if the requirements specified in subsection 3ZZBC(1) for when an eligible officer of an eligible agency may apply for a delayed notification search…
Section 3ZZCF — Use of electronic equipment at warrant premises
Use of electronic equipment to access data (1) In executing a delayed notification search warrant, the executing officer or a person assisting may operate electronic equipment at the warrant premises…
Section 3ZZGF — Exchange of information between Ombudsman and State or Territory inspecting authorities
(1) The Ombudsman may give information that: (a) relates to a State or Territory agency; and (b) was obtained by the Ombudsman under this Division; to the State or Territory inspecting authority in…
Section 3ZZKF — Other powers
Scope (1) This section applies if: (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…
Section 3ZZNF — Compensation for damage to electronic equipment
Scope (1) This section applies if: (a) as a result of electronic equipment being operated as mentioned in this Part: (i) damage is caused to the equipment; or (ii) the data recorded on the equipment…
Section 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…
Section 3ZZVF — Relationship of this Division to parliamentary privileges and immunities
To avoid doubt, this Division does not affect the law relating to the powers, privileges and immunities of any of the following: (a) each House of the Parliament; (b) the members of each House of the…
Section 3G — Availability of assistance and use of force in executing a warrant
In executing a warrant: (a) the executing officer may obtain such assistance; and (b) the executing officer, or a person who is a constable and who is assisting in executing the warrant may use such…
Section 3ZG — Power to conduct search of arrested person’s premises
A constable who arrests a person at premises for an offence, or who is present at such an arrest, may seize things in plain view at those premises that the constable believes on reasonable grounds to…
Section 3ZQG — Orders made by judges or magistrates concerning carrying out of a prescribed procedure
(1) If a judge or a magistrate orders the carrying out of a prescribed procedure (whether as a result of a request by an investigating official or not), the judge or magistrate must: (a) ensure that…
Section 3ZZBG — Authority of delayed notification search warrant by telephone, fax etc.
(1) A form of delayed notification search warrant duly completed under subsection 3ZZBF(7) is authority for the same powers as are authorised by the warrant signed by the eligible issuing officer…
Section 3ZZCG — Use of moved electronic equipment at other place
(1) If electronic equipment is moved to another place under subsection 3ZZCE(2), the executing officer or a person assisting may operate the equipment to access data (including data held at another…
Section 3ZZGG — Ombudsman not to be sued
(1) The Ombudsman, an inspecting officer, or a person acting under an inspecting officer’s direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or…
Section 3ZZKG — Availability of assistance and use of force in executing a warrant
Scope (1) This section applies if: (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:…
Section 3ZZNG — Occupier entitled to be present during search
(1) If: (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;…
Section 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…
Section 3ZZVG — Person with knowledge of an online account to provide assistance
(1) If an account takeover warrant or emergency authorisation is in force, a law enforcement officer may apply to a magistrate for an order (the assistance order) requiring a specified person to…
Section 3H — Details of warrant to be given to occupier etc.
(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer…
Section 3UH — Relationship of Subdivision to other laws
(1) The powers conferred, and duties imposed, by this Subdivision on police officers are in addition to, and not in derogation of, any other powers conferred, or duties imposed, by any other law of…
Section 3ZH — Power to conduct an ordinary search or a strip search
(1) If a person who has been arrested for an offence is brought to a police station, a constable may: (a) if an ordinary search of the person has not been conducted—conduct an ordinary search of the…
Section 3ZQH — Appropriate medical or other standards to be applied
A prescribed procedure must be carried out in a manner consistent with either or both of the following: (a) appropriate medical standards; (b) appropriate other relevant professional standards.
Section 3ZZBH — Offence for making false statement in application for delayed notification search warrant
A person must not make, in an application for a delayed notification search warrant, a statement that the person knows to be false or misleading in a material particular. Penalty: Imprisonment for 2…