Entry, Search and Seizure Provisions in Commonwealth Legislation

Entry, Search and Seizure Provisions in Commonwealth Legislation

4 December 2006

© Commonwealth of Australia 2006
ISSN 0729-6258

View the report as a single document - (PDF 807KB)

View the report as separate downloadable parts:

Spacer Image
Membership of the Committee (PDF 90KB)

List of Acronyms

Chapter 1 - Introduction (PDF 76KB)

The role of the Committee
Background to the inquiry
Conduct of the inquiry
Notes on References
Structure of the report
Chapter 2 – Government responses to the original report
Chapter 3 – Legislative developments
Chapter 4 – Seizure provisions

Chapter 2 - Government responses (PDF 140KB)

Government response to the original report
The need for general principles
  Recommendations 1, 2 and 3
  Government response
The purpose of search and entry provisions
  Recommendations 4 and 5
  Government response
Consistency of search and entry provisions
  Recommendations 6-8
  Government response
The fairness of entry and search provisions
  Recommendations 9-14
  Government response
The effectiveness of entry provisions
  Recommendations 15 and 16
  Government response
Guide to Framing Commonwealth Offences, Civil Penalties and Enforcement Powers

Chapter 3 - Legislative developments (PDF 162KB)

The purpose and consistency of entry and search provisions
  Power to stop, detain and search people, vehicles and vessels
  Personal searches
  National security
  Precedent as a justification for extension of powers
  Reduction of judicial oversight
Recommendations 1, 2 and 3
The administration and review of entry and search powers
  Accountability measures for non-government employees and agencies
Recommendation 4
  Advice of statutory rights to occupiers
Recommendations 5 and 6
  Best practice training procedures and other internal controls
Recommendation 7
  Review of the need for powers
Recommendation 8
Recommendation 9

Chapter 4 - Provisions authorising seizure (PDF 138KB)

The nature of powers of seizure
Seizure provisions in Commonwealth legislation
Seizure and parliamentary privilege
Seizure of material that is not relevant to an investigation
  Seizure of material relevant to another matter
Recommendation 10
Incidental seizure of material and technological developments and the law of entry, search and seizure
  Surveillance Devices Act 2004
  Telecommunications (Interception) Amendment (Stored Communications) Act 2004
  Telecommunications (Interception) Amendment Act 2006
Recommendation 11
  Protection and disposal of material
Recommendations 12 and 13
The merits of developing protocols
Recommendation 14

Chapter 5 - Conclusions and recommendations (PDF 64KB)


Appendixes (PDF 191KB)

Appendix 1 - Organisations and individuals who presented written public submissions and additional information to the inquiry
Appendix 2 - Principles governing powers of entry and search
Appendix 3 - Government response to the Committee's fourth report 2000

For further information, contact:

Committee Secretary
Senate Scrutiny of Bills Committee
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3050
Fax: +61 2 6277 5881
Email: scrutiny.sen@aph.gov.au