Queensland Numbered Acts Queensland Numbered ActsSection 21B —
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21B Power to demand production of and inspect digital devices in possession of reportable offender(1) This section applies in relation to a reportable offender if—(a) in the last 3 months, the reportable offender was—(i) released from government detention; or(ii) sentenced to a supervision order; or(b) the reportable offender has been convicted of a device inspection offence; or(c) a device inspection order is made for the reportable offender under section 21C.(2) A police officer may—(a) require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and(b) inspect a digital device in the reportable offender’s possession.(3) However, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1)(b)—(a) unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 68(4); or(b) if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months.(4) For subsection (3)(b), each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection.(5) In this section—
"device inspection offence" means—(a) an offence against any of the following provisions of the Criminal Code —• section 218A• section 228DA• section 228DB; or(b) an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device—• section 218B• section 228B• section 228C• section 228D• section 229B; or(c) an offence against any of the following provisions of the Criminal Code (Cwlth) —• section 474.22• section 474.23• section 474.23A• section 474.25A• section 474.25C• section 474.26• section 474.27• section 474.27AA• section 474.27A; or(d) an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device—• section 271.4• section 271.7• section 273.6• section 273.7; or(e) an offence against either of the following provisions of the Criminal Code (Cwlth) , as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) —• section 474.19• section 474.20; or(f) an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a), (b), (c), (d) or (e).
"digital device" see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5.
"electronic communication network" means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information.
"government detention" see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5.
"inspect" , a digital device, includes inspect the digital device using software.
"supervision order" see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5.
21C Magistrate may make device inspection order for reportable offender(1) This section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B(1)(a) and (b) do not apply.(2) A police officer may apply to a magistrate for an order (a
"device inspection order" ) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender.(3) The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children.(4) In this section—
"digital device" see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5.
"reportable offence" see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5.
21D Offence to contravene requirement to produce digital device(1) A reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B(2)(a).Penalty—Maximum penalty—300 penalty units or 5 years imprisonment.(2) It is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person.