Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p8
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 8/27)
Character Range: 19117–22024

such a request has been granted or refused;

        must not intentionally disclose those contents or that fact except if:

(d) it is necessary to do so in the performance of his or her duties; or

         (e) the Attorney-General has given his or her approval to the disclosure of those contents or that fact.

      Penalty: Imprisonment for 2 years.

         Note: Under subsection 4D(1) of the Crimes Act 1914, this penalty is the maximum penalty for any offence under this section. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

Part 5—Search, seizure and powers of arrest

45 Subsection 3(1) (paragraph (a) of the definition of premises)

   Omit aircraft, vehicle or vessel", substitute "or vehicle".

46 Subsection 3(1)

   Insert:

       evidential material means a thing relevant to a proceeding or investigation, including such a thing in electronic form.

47 Subsection 3(1)

   Insert:

       executing officer, in relation to a warrant, means:

          (a) the police officer named in the warrant, by the Magistrate who issued the warrant, as being responsible for executing the warrant; or

          (b) if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer so named; or

          (c) another police officer whose name has been written in the warrant by the police officer last named in the warrant.

48 Subsection 3(1)

   Insert:

      fax means facsimile transmission.

49 Subsection 3(1)

   Insert:

      frisk search means:

          (a) a search of a person conducted by quickly running the hands over the person's outer clothes; and

          (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

50 Subsection 3(1)

    Insert:

      officer assisting, in relation to a warrant, means:

        (a) a person who is a police officer and who is assisting in executing the warrant; or

          (b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant.

51 Subsection 3(1)

    Insert:

       ordinary search means a search of a person or of articles in the possession of a person that may include:

          (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and headgear; and

          (b) an examination of those items.

52 Subsection 3(1)

    Insert:

       recently used vehicle, in relation to a search of a person, means a vehicle that the person has operated or occupied at any time within 24 hours before the search commenced.

53 Subsection 3(1)

    Insert:

       relevant investigation, in relation to a search warrant issued under Division 2 of Part VIIA,