South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 74BT

74BT—Order required in urgent circumstances

        (1)         If a police officer considers that an order under section 74BR is required urgently, either because of serious or urgent circumstances, or to prevent concealment, alteration, loss or destruction of data held on a computer or data storage device that may afford evidence of a child exploitation offence, the police officer may make an application in accordance with subsection (2) and may—

            (a)         require a person who is reasonably suspected of having committed that offence to remain at a particular place, or accompany the officer to the nearest police station, for—

                  (i)         so long as may be necessary for an application for an order to be made to, and considered by, a magistrate in accordance with subsection (2), and if the order is made, for the order to be served on the person; or

                  (ii)         4 hours,

whichever is the lesser; and

            (b)         require that the person, for the period referred to in paragraph (a), not use or access a computer, data storage device, telephone or other means of electronic communication, other than to contact a legal practitioner for the purpose of obtaining legal advice, or in accordance with any directions of a police officer; and

            (c)         if the person refuses or fails to comply with either or both such requirements, or the police officer forms a reasonable suspicion that either or both such requirements will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).

        (2)         The following provisions apply to an order under this Part that is required in urgent circumstances:

            (a)         application may be made to a magistrate by telephone and must include—

                  (i)         the information required under section 74BS(1); and

                  (ii)         details of the circumstances giving rise to the urgency of the application; and

                  (iii)         any other information required by the magistrate to determine the application;

            (b)         the magistrate is entitled to assume the accuracy of the information as to the applicant's identity and official details supplied by the applicant without further inquiry;

            (c)         if the magistrate is satisfied as to the grounds for making the order, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the making of the order, and must not proceed to make the order unless the applicant undertakes to make an affidavit verifying those facts;

            (d)         if the applicant gives such an undertaking, the magistrate may proceed to make the order and, subject to subsection (3), note on the order, the facts that justify, in the opinion of the magistrate, the making of the order and informing the applicant of the terms of the order;

            (e)         the order is to be taken to have been made, and comes into force, when signed by the magistrate;

            (f)         the applicant must, as soon as reasonably practicable after the making of the order, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c);

            (g)         the magistrate must, as soon as reasonably practicable after the making of the order, forward a copy of the order to the applicant.

        (3)         A statement of the grounds on which an order has been made must not contain information, the disclosure of which would be inconsistent with a decision of a magistrate under section 74BU.