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Australian Capital Territory, Northern Territory and Norfolk Island Crimes Act 1914 Act No. 12 of 1914 as amended This compilation was prepared on 9 July 2009 taking into account amendments up to Act No. 54 of 2009 Volume 1 includes: Table of Contents Sections 1–23WLA The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Volume 2 includes: Table of Contents Sections 23WM–91 Schedule Note 1 Table of Acts Act Notes Table of Amendments Note 2 Table A Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Contents Part I—Preliminary 1 1 Short title [see Note 1].......................................................................1 3 Interpretation .....................................................................................1 3AA State offences that have a federal aspect............................................7 3A Operation of Act..............................................................................11 3B Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island ............................................11 3BA Application of the Criminal Code ...................................................12 Part IAA—Search, information gathering, arrest and related powers 13 Division 1—Preliminary 13 3C Interpretation ...................................................................................13 3CA Nature of functions of magistrate ....................................................16 3D Application of Part ..........................................................................16 Division 2—Search warrants 18 3E When search warrants can be issued................................................18 3F The things that are authorised by a search warrant..........................21 3G Availability of assistance and use of force in executing a warrant.............................................................................................22 3H Details of warrant to be given to occupier etc. ................................23 3J Specific powers available to constables executing warrant .............23 3K Use of equipment to examine or process things ..............................24 3L Use of electronic equipment at premises .........................................25 3LA Person with knowledge of a computer or a computer system to assist access etc. ..........................................................................27 3LB Accessing data held on other premises—notification to occupier of that premises.................................................................28 3M Compensation for damage to electronic equipment.........................29 3N Copies of seized things to be provided ............................................29 3P Occupier entitled to be present during search..................................30 3Q Receipts for things seized under warrant.........................................30 3R Warrants by telephone or other electronic means............................30 3S Restrictions on personal searches ....................................................32 Division 3—Stopping and searching conveyances 33 3T Searches without warrant in emergency situations ..........................33 3U How a constable exercises a power under section 3T......................33 Crimes Act 1914 iii Division 3A—Powers to stop, question and search persons in relation to terrorist acts 35 Subdivision A—Definitions 35 3UA Definitions.......................................................................................35 Subdivision B—Powers 36 3UB Application of Subdivision..............................................................36 3UC Requirement to provide name etc. ...................................................36 3UD Stopping and searching....................................................................37 3UE Seizure of terrorism related items and serious offence related items ................................................................................................38 3UF How seized things must be dealt with .............................................38 3UG Application to magistrate.................................................................40 3UH Relationship of Subdivision to other laws .......................................40 Subdivision C—Prescribed security zones 41 3UI Applications for declarations...........................................................41 3UJ Minister may make declarations......................................................41 Subdivision D—Sunset provision 42 3UK Sunset provision ..............................................................................42 Division 4—Arrest and related matters 43 3V Requirement to furnish name etc.....................................................43 3W Power of arrest without warrant by constables ................................44 3X Arrest of prisoner unlawfully at large..............................................44 3Y Power of arrest without warrant of person on bail...........................45 3Z Power of arrest without warrant by other persons ...........................46 3ZA Warrants for arrest...........................................................................46 3ZB Power to enter premises to arrest offender ......................................47 3ZC Use of force in making arrest...........................................................48 3ZD Persons to be informed of grounds of arrest ....................................49 3ZE Power to conduct a frisk search of an arrested person .....................49 3ZF Power to conduct an ordinary search of an arrested person.............49 3ZG Power to conduct search of arrested person’s premises...................49 3ZH Power to conduct an ordinary search or a strip search.....................50 3ZI Rules for conduct of strip search .....................................................51 3ZJ Taking fingerprints, recordings, samples of handwriting or photographs .....................................................................................52 3ZK Destruction of identification material..............................................55 3ZL Offence of refusing to allow identification material to be taken ................................................................................................56 3ZM Identification parades ......................................................................57 3ZN Identification parades for suspects under 18 etc. .............................60 3ZO Identification by means of photographs...........................................61 iv Crimes Act 1914 3ZP Identification procedures where there is more than one suspect .............................................................................................64 3ZQ Descriptions.....................................................................................65 Division 4A—Determining a person’s age 66 Subdivision A—Preliminary 66 3ZQA Definitions.......................................................................................66 Subdivision B—Determination of age during investigation 67 3ZQB Circumstances where investigating official may seek authority to carry out a prescribed procedure ..................................67 3ZQC Obtaining of consents for the carrying out of a prescribed procedure.........................................................................................68 3ZQD Withdrawal of consent.....................................................................69 3ZQE Recording of giving of information about carrying out a prescribed procedure and relevant responses...................................70 Subdivision C—Determination of age during proceedings 70 3ZQF Circumstances where judge or magistrate may order carrying out of a prescribed procedure on own initiative...............................70 Subdivision D—Communication of orders by judges or magistrates 71 3ZQG Orders made by judges or magistrates concerning carrying out of a prescribed procedure ..........................................................71 Subdivision E—Matters relating to the carrying out of prescribed procedures 71 3ZQH Appropriate medical or other standards to be applied .....................71 3ZQI Reasonable and necessary force ......................................................71 Subdivision F—Disclosure and destruction of age determination information 72 3ZQJ Disclosure of age determination information...................................72 3ZQK Destruction of age determination information.................................73 Division 4B—Power to obtain information and documents 74 Subdivision A—Definitions 74 3ZQL Definitions.......................................................................................74 Subdivision B—Power to request information or documents about terrorist acts from operators of aircraft or ships 74 3ZQM Power to request information or documents about terrorist acts from operators of aircraft or ships ............................................74 Subdivision C—Power to obtain documents relating to serious terrorism and non-terrorism offences 76 3ZQN Power to obtain documents relating to serious terrorism offences ...........................................................................................76 3ZQO Power to obtain documents relating to serious offences..................76 3ZQP Matters to which documents must relate .........................................78
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