COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 94C

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 94C

94C .         Authorised police officers may enter premises to inspect computers

        (1)         In this section —

        computer includes any device capable of storing electronic data;

        generally resides has the meaning given to that term in section 29A(1);

        senior police officer means a police officer who is, or is acting as, a sergeant or an officer above the rank of sergeant.

        (2)         If a protection order prohibits conduct that relates to the use by a reportable offender of the internet, an authorised police officer may, at any time and without a warrant, enter premises where the offender generally resides and exercise a power under subsection (3) to determine whether there is any evidence that the offender has breached the order.

        (3)         The authorised police officer may —

            (a)         inspect any computer that is at the premises; or

            (b)         seize any computer at the premises and remove it from the premises for the purpose of inspecting it.

        (4)         The reportable offender must if required by the authorised police officer to do so —

            (a)         provide the officer with any user name, code, password or other information the offender knows is needed to gain access to the electronic data stored in a computer; or

            (b)         otherwise assist the officer to gain access to the electronic data stored in a computer.

        Penalty: a fine of $12 000 and imprisonment for 2 years.

        (5)         If a person is found guilty of an offence —

            (a)         under section 101 in relation to conduct of the kind referred to in subsection (2); or

            (b)         under subsection (4),

                in relation to a computer, the computer is forfeited to the State.

        (6)         The Criminal and Found Property Disposal Act 2006 applies to and in relation to a computer that is seized under subsection (3) or forfeited under subsection (5).

        (7)         An authorised police officer may use reasonable force in the exercise of a power under subsection (2) or (3).

        (8)         Unless the exercise of the power is authorised by a senior police officer, a power under subsection (2) or (3) must not be exercised in relation to particular premises more than once in any period of 12 months.

        (9)         The powers that a police officer may exercise under this section are in addition to, and do not derogate from, the powers that the police officer has under any other law.

        [Section 94C inserted: No. 54 of 2012 s. 33.]