Process for making dedicated encrypted criminal communication device prohibition orders
14 Process for making dedicated encrypted criminal communication device prohibition orders
The person who is to be the subject of the dedicated encrypted criminal communication device prohibition order—
is not entitled to be told about the application, and
is not permitted to make a submission.
The application is not required to be decided in a courtroom.
The authorised judge may question, or ask for additional information about an application from, a police officer with knowledge of the application or the oversight commissioner—
at any time, and
in any way the authorised judge considers appropriate, including by audio link or audio visual link.
A dedicated encrypted criminal communication device prohibition order—
must not be made against a person when sentencing the person for an offence, and
must instead be the subject of a separate application made in accordance with this Act.
In this section—
audio link means technology that enables continuous and contemporaneous audio communication between persons at different places, including telephones.
audio visual link means technology that enables continuous and contemporaneous audio and visual communication between persons at different places, including video conferencing.
This Act’s bill:Explanatory memorandumSecond reading speech
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