Community Protection (Offender Reporting) Act 2004

A police officer may exercise 1 or more of the following powers if the officer reasonably suspects premises are occupied by, or under the management or control of, a serious reportable offender —

enter and search the premises, including entering and searching a vehicle at the premises;

enter and search a vehicle occupied by, or under the management or control of, a serious reportable offender if the vehicle is parked in the neighbourhood where the premises are located.

A police officer who enters or searches the premises or the vehicle may do 1 or more of the following —

inspect any electronic device that is at the premises or in the vehicle;

seize any electronic device at the premises or in the vehicle and remove it from the premises or vehicle for the purpose of inspecting it;

require that the serious reportable offender must remain at the premises or near the vehicle for the duration of the entry and search of the premises or vehicle.

If a requirement is made under subsection (2)(c) to a serious reportable offender, the offender must remain at the premises or near the vehicle for the duration of the entry and search of the premises or vehicle.

The power given to search premises or a vehicle includes the power to break open —

any part of the premises or vehicle; or

any thing at the premises or in the vehicle.

If required by a police officer inspecting or seizing an electronic device under subsection (2), a serious reportable offender must do 1 or more of the following as required by the police officer —

provide the officer with any user name, code, password or other information known to the offender that is needed to gain access to the electronic data —

that is stored in the electronic device; or

that is accessed through the electronic device;

otherwise assist the officer to gain access to the electronic data referred to in paragraph (a).

A police officer is authorised to use for the purposes of this Part any user name, code, password or other information provided under subsection (5) or reported under Part 3 by a serious reportable offender.

If a person is found guilty of an offence under subsection (5) in relation to an electronic device, the electronic device is forfeited to the State.