South Australian Numbered Acts

SUMMARY PROCEDURE (PAEDOPHILE RESTRAINING ORDERS) AMENDMENT ACT 2007 (NO 38 OF 2007) - SECT 5

5—Insertion of section 99AAB

After section 99AA insert:

99AAB—Power to conduct routine inspection of computer etc

        (1)         If a restraining order under section 99AA includes provisions relating to use of the internet by the defendant, a police officer may, at any time, enter premises occupied by the defendant and—

            (a)         inspect any computer or device capable of storing electronic data at those premises; or

            (b)         remove from the premises any computer or device capable of storing electronic data for the purpose of inspecting the computer or device,

to determine whether there is any evidence to suggest that the defendant may have contravened the restraining order.

        (2)         If the defendant is aware that, in order to gain access to data stored on a computer or other device being inspected or removed by a police officer under this section it is necessary to enter any password, code or other information or to perform any function in relation to the data, the defendant must provide the police officer with that password, code or information or assist the police officer in performing that function.

Maximum penalty: Division 5 imprisonment.

        (3)         If a person is convicted of an offence against subsection (2) in relation to a computer or device that is owned by the convicted person, the computer or device is forfeited to the Crown and may be dealt with and disposed of in such manner as the Minister may direct.

        (4)         A power must not be exercised under this section in relation to particular premises more than once in any 12 month period.

        (5)         If a computer or device removed from premises in accordance with subsection (1)(b) is not to be seized and retained as evidence of an offence, the computer or device must be returned to the defendant—

            (a)         as soon as practicable following inspection of the computer or device; or

            (b)         within 1 month after the removal,

whichever occurs first.

        (6)         A police officer may use such force to enter premises, or to take other action under this section, as is reasonably necessary for the purpose.

        (7)         This section is in addition to, and does not derogate from, any other police powers.