Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 3Q — Receipts for things seized under warrant or moved
(1) If a thing is seized under a warrant or moved under subsection 3K(2), the executing officer or a constable assisting must provide a receipt for the thing. (2) If 2 or more things are seized or…
Section 3UQ — Move-on directions at airports
When may a direction be given? (1) A constable or a protective service officer may give a person a direction under this section if: (a) the direction is given at a major airport; and (b) one or more…
Section 3ZQ — Descriptions
(1) If a description of a suspect is given to a constable in relation to an offence, the constable must ensure that a record of the description is made and that the record is retained until any…
Section 3ZQQ — Powers conferred on Judges of the Federal Circuit and Family Court of Australia (Division 2) in their personal capacity
(1) A power conferred on a Judge of the Federal Circuit and Family Court of Australia (Division 2) by section 3ZQO is conferred on the Judge in a personal capacity and not as a court or a member of a…
Section 3ZZUQ — What must an account takeover warrant contain?
(1) An account takeover warrant must: (a) state that the magistrate issuing the warrant is satisfied of the matters referred to in subsection 3ZZUP(1) and has had regard to the matters referred to in…
Section 3ZZVQ — Appointment of inspecting officers
The Ombudsman may, by writing, appoint members of the Ombudsman’s staff to be inspecting officers for the purposes of this Part.
Section 3R — Warrants by telephone or other electronic means
(1) A constable may make an application to an issuing officer for a warrant by telephone, telex, fax or other electronic means: (a) in an urgent case; or (b) if the delay that would occur if an…
Section 3UR — Move-on directions at airports—alternative constitutional scope
Without limiting its effect apart from this section, section 3UQ also has the effect it would have if the definition of major airport in section 3UM did not include an airport determined by the…
Section 3ZQR — Documents must be produced
(1) A person is not excused from producing a document under section 3ZQN or 3ZQO on the ground that to do so: (a) would contravene any other law; or (b) might tend to incriminate the person or…
Section 3ZR — Conduct of ordinary searches and frisk searches
An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as the person being searched.
Section 3ZZUR — What an account takeover warrant authorises
(1) An account takeover warrant must authorise the doing of specified things (subject to any restrictions or conditions specified in the warrant) in relation to each target account. (2) The things…
Section 3ZZVR — Inspection of records by the Ombudsman
(1) The Ombudsman must, from time to time and at least once every 12 months, inspect the records of the Australian Federal Police to determine the extent of compliance with this Part by: (a) the…
Section 3S — Restrictions on personal searches
A warrant cannot authorise a strip search or a search of a person’s body cavities.
Section 3US — Stop and directions powers at airports
(1) A constable or a protective service officer may give a person a direction under this section if: (a) the direction is given at a major airport; and (b) the constable or officer considers on…
Section 3ZQS — Offence for failure to comply with notice under section 3ZQN or 3ZQO
A person commits an offence if: (a) the person is given a notice under section 3ZQN or 3ZQO; and (b) the person fails to comply with the notice. Penalty: 30 penalty units.
Section 3ZS — Announcement before entry
(1) A constable must, before any person enters premises under a warrant or to arrest a person: (a) announce that he or she is authorised to enter the premises; and (b) give any person at the premises…
Section 3ZZUS — Variation of account takeover warrant
(1) A law enforcement officer to whom an account takeover warrant has been issued may, by writing, apply at any time before the expiry of the warrant: (a) for an extension of the warrant for a period…
Section 3ZZVS — Power to obtain relevant information
(1) If the Ombudsman has reasonable grounds to believe that a law enforcement officer of the Australian Federal Police is able to give information relevant to an inspection under this Division of the…
Section 3T — Searches without warrant in emergency situations
(1) This section applies if a constable suspects, on reasonable grounds, that: (a) a thing relevant to an indictable offence is in or on a conveyance; and (b) it is necessary to exercise a power…
Section 3UT — Constables’ and protective service officers’ duties at airports
Scope of section (1) A constable or protective service officer must comply with this section in relation to a direction given to a person under: (a) section 3UP (identity information at airports); or…
Section 3ZQT — Offence for disclosing existence or nature of notice
(1) A person commits an offence if: (a) the person is given a notice under section 3ZQN or 3ZQO; and (b) the notice specifies that information about the notice must not be disclosed; and (c) the…
Section 3ZT — Offence for making false statements in warrants
A person must not make, in an application for a warrant, a statement that the person knows to be false or misleading in a material particular. Penalty: Imprisonment for 2 years.
Section 3ZZUT — Revocation of account takeover warrant
(1) If an account takeover warrant is in force, a magistrate may, by instrument in writing, revoke the warrant. (2) If the circumstances set out in subsection 3ZZUU(2) apply in relation to an account…
Section 3ZZVT — Offence
A person commits an offence if: (a) the person is required under section 3ZZVS to attend before an inspecting officer, to give information or to answer questions; and (b) the person refuses or fails…
Section 3U — How a constable exercises a power under section 3T
When a constable exercises a power under section 3T in relation to a conveyance, he or she: (a) may use such assistance as is necessary; and (b) must search the conveyance in a public place or in…
Section 3UU — Directions at airports—offences
Contravening directions (1) A person commits an offence if: (a) the person is given a direction by a constable or protective service officer under: (i) section 3UP (identity information at airports);…
Section 3ZQU — Purposes for which things and documents may be used and shared
Use and sharing of thing or document by constable or Commonwealth officer (1) A constable or Commonwealth officer may use, or make available to another constable or Commonwealth officer to use, a…
Section 3ZU — Offences relating to telephone warrants
A person must not: (a) state in a document that purports to be a form of warrant under section 3R the name of an issuing officer unless that officer issued the warrant; or (b) state on a form of…
Section 3ZZUU — Discontinuance of execution of account takeover warrant
Scope (1) This section applies if an account takeover warrant is issued. Discontinuance of execution of account takeover warrant (2) If: (a) the warrant was sought by a law enforcement officer of the…
Section 3ZZVU — Ombudsman to be given information and access 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 3UV — Review of Division
(1) The Parliamentary Joint Committee on Intelligence and Security must review: (a) the operation, effectiveness and implications of this Division; and (b) security matters relating to major…
Section 3V — Requirement to furnish name etc.
(1) If a constable believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the constable may be able to assist the constable in inquiries in…
Section 3ZQV — Operating seized electronic equipment
(1) This section applies to electronic equipment seized under this Part or moved under section 3K. (2) The electronic equipment may be operated at any location after it has been seized or moved, for…
Section 3ZZUV — Restoration of online account
If: (a) an account takeover warrant ceases to be in force; and (b) it is lawful for the holder of a target account to operate the account; and (c) as a result of the execution of the warrant, the…
Section 3ZZVV — Delegation by Ombudsman
(1) The Ombudsman may, by writing, delegate to an APS employee responsible to the Ombudsman all or any of the Ombudsman’s functions or powers under this Division, other than section 3ZZVX. (2) A…
Section 3W — Power of arrest without warrant by constables
(1) A constable may, without warrant, arrest a person for an offence (other than a terrorism offence and an offence against section 80.2C of the Criminal Code) if the constable believes on reasonable…
Section 3ZQW — Compensation for damage to electronic equipment
(1) This section applies if: (a) as a result of equipment being operated as mentioned in section 3ZQV: (i) damage is caused to the equipment; or (ii) damage is caused to data recorded on the…
Section 3ZW — Delegation by Commissioner
(1) The Commissioner may delegate to a constable any or all of the Commissioner’s powers, functions or duties under this Part. (2) The Commissioner may delegate to a Commonwealth officer any or all…
Section 3ZZUW — 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 3ZZVW — Ombudsman not to be sued
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 3X — Arrest of prisoner unlawfully at large
(1) A constable may, without warrant, arrest a person whom the constable believes on reasonable grounds to be a prisoner unlawfully at large. (2) The constable must, as soon as practicable, take the…
Section 3ZQX — When things seized or documents produced under Division 2, 4 or 4B must be returned
When things seized under Division 2 or 4 must be returned (1) If the Commissioner is satisfied that a thing seized under Division 2 or 4 is not required (or is no longer required) for a purpose…
Section 3ZX — Law relating to legal professional privilege not affected
This Part does not affect the law relating to legal professional privilege.
Section 3ZZUX — Emergency authorisation—serious risks to person or property
(1) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for taking control of an online account if, in the course of an investigation of one or…
Section 3ZZVX — Report on inspection
(1) The Ombudsman must make a written report to the Minister at 12 monthly intervals on the results of each inspection under section 3ZZVR. (2) The report must not include information which, if made…
Section 3Y — Power of arrest without warrant of person on bail
(1) A constable may, without warrant, arrest a person who has been released on bail if the constable believes on reasonable grounds that the person has contravened or is about to contravene a…
Section 3ZQY — When things seized under Division 3 must be returned
(1) If: (a) the Commissioner is satisfied that a thing seized under Division 3 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or…
Section 3ZZUY — Record of emergency authorisations to be made
As soon as practicable after an appropriate authorising officer gives an emergency authorisation, the officer must make a written record of the giving of that authorisation, including in the record:…
Section 3ZZVY — Minor defects in connection with account takeover warrant
(1) If: (a) information is purportedly obtained under an account takeover warrant; and (b) there is a defect or irregularity in relation to the warrant; and (c) but for that defect or irregularity,…
Section 3Z — Power of arrest without warrant by other persons
(1) A person who is not a constable may, without warrant, arrest another person if he or she believes on reasonable grounds that: (a) the other person is committing or has just committed an…