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Search and Surveillance Act 2012

Summary of changes

These summaries explain recent changes to the law. They are generated by AI comparing versions of the legislation, so they might oversimplify, miss details, or get things wrong. Learn more about how we track these changes.

18 July 2025

  • Removed the provision relating to the Land Transport Management Act 2003 and section 65ZH from Schedule 2

Affected provisions

  1. 2: Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies
    Removed the provision relating to the Land Transport Management Act 2003 and section 65ZH from Schedule 2

5 August 2025

  • Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  • Amended the provision related to the return of certain things to improve clarity, but with no substantive change
  • Added section 64A as an additional provision to which subsection 162(1) is subject, as a result of an amendment made by the Budapest Convention and Related Matters Legislation Amendment Act 2025
  • Amended the Commissioner of Police's power to apply for a production order to include investigations and proceedings under the Criminal Proceeds (Recovery) Act 2009

Affected provisions

  1. 2: Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies
    Amended the Commissioner of Police's power to apply for a production order to include investigations and proceedings under the Criminal Proceeds (Recovery) Act 2009
  2. 3: Interpretation
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  3. 51: Conditions for issuing surveillance device warrant
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  4. 72: Conditions for making production order
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  5. 89: Application of this Part
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  6. 97: Interpretation
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  7. 103: Form and content of search warrant
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  8. 107: When search warrant invalid
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  9. 121: Stopping vehicles with or without warrant for purposes of search
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  10. 149: Disposal of things seized or produced
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  11. 150: Certain things must be returned
    Amended the provision related to the return of certain things to improve clarity, but with no substantive change
  12. 162: Other copies and generated material may be retained
    Added section 64A as an additional provision to which subsection 162(1) is subject, as a result of an amendment made by the Budapest Convention and Related Matters Legislation Amendment Act 2025
  13. 169: Reporting of exercise of powers within law enforcement agency
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  14. 171: Annual reporting of search and surveillance powers by agencies other than Police
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers
  15. 180: Effect of proceedings
    Updated references to 'Schedule' to 'Schedule 2' in various provisions to clarify the specific schedule that authorises an enforcement officer to apply for a search warrant or other powers

26 November 2025

  • Definitions have been amended or added to clarify key terms such as chief executive, intelligence and security agency, lawyer, network operator, surveillance power, traffic data, and warrantless surveillance power
  • Provisions related to examination orders have been updated to apply sections 105 and 107 with specific modifications
  • The application and form of surveillance device warrants have been amended to include cross-references and update the particulars that must be contained in a warrant
  • Other provisions that apply to surveillance device warrants have been updated to apply sections 105 and 107 with specified modifications
  • The definition of document has been revised to include computer data, computer programs, and records of traffic data or telecommunication content
  • Production order applications and forms have been amended to include facts relied on to show reasonable grounds and to reorganise and rephrase requirements
  • Other provisions that apply to production orders have been updated to clarify the application of sections 105 and 107
  • Documents produced under production orders have been amended to replace the enforcement officer with an appropriate enforcement officer and to update the person who can nominate someone to reproduce information
  • Power of entry and references to the Search and Surveillance Act 2012 have been amended to remove HTML formatting
  • Amendments have been made to various Acts to update wording, remove redundant citation formatting, and align with the Search and Surveillance Act 2012
  • Regulation-making power has been amended to include preservation directions and to specify the chief executive of a law enforcement agency
  • Amendments have been made to various Acts to rephrase provisions for clarity, but the changes do not alter the substance of the provisions
  • New powers have been added for high seas fishery inspectors and the provision relating to constables obtaining and executing warrants has been amended
  • Transitional, savings, and related provisions have been inserted into Schedule 1 in relation to various amendments made by the Budapest Convention and Related Matters Legislation Amendment Act 2025

Affected provisions

  1. 1: Transitional, savings, and related provisions
    Transitional, savings, and related provisions have been inserted into Schedule 1 in relation to various amendments made by the Budapest Convention and Related Matters Legislation Amendment Act 2025
  2. 2: Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies
    New powers have been added for high seas fishery inspectors and the provision relating to constables obtaining and executing warrants has been amended
  3. 3: Interpretation
    Definitions have been amended or added to clarify key terms such as chief executive, intelligence and security agency, lawyer, network operator, surveillance power, traffic data, and warrantless surveillance power
  4. 42: Other provisions that apply to examination orders
    Provisions related to examination orders have been updated to apply sections 105 and 107 with specific modifications
  5. 49: Application for surveillance device warrant
    The application and form of surveillance device warrants have been amended to include cross-references and update the particulars that must be contained in a warrant
  6. 55: Form and content of surveillance device warrant
    The application and form of surveillance device warrants have been amended to include cross-references and update the particulars that must be contained in a warrant
  7. 58: Other provisions that apply to surveillance device warrants
    Other provisions that apply to surveillance device warrants have been updated to apply sections 105 and 107 with specified modifications
  8. 70: Meaning of document
    The definition of document has been revised to include computer data, computer programs, and records of traffic data or telecommunication content
  9. 71: Enforcement officer may apply for production order
    Production order applications and forms have been amended to include facts relied on to show reasonable grounds and to reorganise and rephrase requirements
  10. 73: Other provisions that apply to production order applications
    Other provisions that apply to production orders have been updated to clarify the application of sections 105 and 107
  11. 75: Form and content of production order
    Production order applications and forms have been amended to include facts relied on to show reasonable grounds and to reorganise and rephrase requirements
  12. 77: Other provisions that apply to production orders
    Other provisions that apply to production orders have been updated to clarify the application of sections 105 and 107
  13. 78: Documents produced under production order
    Documents produced under production orders have been amended to replace the enforcement officer with an appropriate enforcement officer and to update the person who can nominate someone to reproduce information
  14. 79: Copy of retained document to be given
    Documents produced under production orders have been amended to replace the enforcement officer with an appropriate enforcement officer and to update the person who can nominate someone to reproduce information
  15. 190: Power of entry
    Power of entry and references to the Search and Surveillance Act 2012 have been amended to remove HTML formatting
  16. 195: Amendments to sections 130 to 136
    Amendments have been made to various Acts to update wording, remove redundant citation formatting, and align with the Search and Surveillance Act 2012
  17. 214: Amendments to sections 59 and 71 of Criminal Proceeds (Recovery) Act 2009
    Amendments have been made to various Acts to rephrase provisions for clarity, but the changes do not alter the substance of the provisions
  18. 218: New section 127 substituted
    Amendments have been made to various Acts to rephrase provisions for clarity, but the changes do not alter the substance of the provisions
  19. 219: Additional matters in respect of registering foreign forfeiture order
    Amendments have been made to various Acts to rephrase provisions for clarity, but the changes do not alter the substance of the provisions
  20. 236: Powers of seizure
    Amendments have been made to various Acts to rephrase provisions for clarity, but the changes do not alter the substance of the provisions
  21. 248: New sections 199 and 199A substituted
    Amendments have been made to various Acts to rephrase provisions for clarity, but the changes do not alter the substance of the provisions
  22. 285: Amendments to National Parks Act 1980
    Amendments have been made to various Acts to update wording, remove redundant citation formatting, and align with the Search and Surveillance Act 2012
  23. 310: Amendments to Wine Act 2003
    Amendments have been made to various Acts to update wording, remove redundant citation formatting, and align with the Search and Surveillance Act 2012
  24. 322: Amendments to Weights and Measures Act 1987
    Amendments have been made to various Acts to update wording, remove redundant citation formatting, and align with the Search and Surveillance Act 2012
  25. 324: Corrections Act 2004 amended
    Amendments have been made to various Acts to update wording, remove redundant citation formatting, and align with the Search and Surveillance Act 2012
  26. 330: Health Act 1956 amended
    Amendments have been made to various Acts to update wording, remove redundant citation formatting, and align with the Search and Surveillance Act 2012
  27. 340: Telecommunications (Interception Capability) Act 2004 amended
    Amendments have been made to various Acts to update wording, remove redundant citation formatting, and align with the Search and Surveillance Act 2012
  28. 342: Regulations
    Regulation-making power has been amended to include preservation directions and to specify the chief executive of a law enforcement agency

25 December 2025

  • Expanded grounds for warrantless searches to include offences against sections 78AAA and 78AAB of the Crimes Act 1961
  • Amended Schedule 2 to include new powers for certain officers and apply Part 4 of the Search and Surveillance Act 2012 to various enactments
  • Updated references to subpart citations in sections 88D and 160A
  • Changed the requirement for objecting to the destruction of seized weapons from not consenting to objecting within 30 days

Affected provisions

  1. 2: Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies
    Amended Schedule 2 to include new powers for certain officers and apply Part 4 of the Search and Surveillance Act 2012 to various enactments
  2. 25: Warrantless searches if offence against section 78, 78AAA, 78AAB, or 78AA of Crimes Act 1961 suspected
    Expanded grounds for warrantless searches to include offences against sections 78AAA and 78AAB of the Crimes Act 1961
  3. 88D: Commissioner to make preservation direction
    Updated references to subpart citations in sections 88D and 160A
  4. 160A: Disposal of weapons
    Changed the requirement for objecting to the destruction of seized weapons from not consenting to objecting within 30 days