Police arrested a 22-year-old Australian man after a vehicle search found AUD 130,000 in cash, 1kg of white cocaine-like powder, and an encrypted communications device. On Monday, February 13th, 2023, police officers from the New South Wales Raptor South Squad were on patrol in the Goulburn area around 6:20 pm when they noticed a sedan traveling north on the Hume Highway. The sedan then pulled into a service station, where police questioned the 22-year-old male driver. During a vehicle search, police located two hidden compartments where they found the illegal items.
Police seized all contraband and arrested the man, who was taken to Goulburn Police Station, where officers charged him with possessing a DECCD to commit serious criminal activity, commercial supply quantity of a prohibited drug, and dealing with property proceeds of crime. The man was refused bail to appear in Goulburn Local Court on Tuesday, February 14th, 2023.
This arrest is the first time NSW Police have used the new legislation to charge an individual. The NSW state parliament passed the Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022 in October last year. The act criminalizes devices modified to allow direct lines of communication that law enforcement can't monitor via typical surveillance methods; the act also amended the NSW Crimes Act of 1900 and the Law Enforcement (Powers and Responsibilities) Act of 2002.
The Laws
Under these recent changes, it is a crime to own such devices if there is reasonable suspicion by police that the device was possessed to commit serious criminal activity. It also allows police to apply for DECCD access and DECCD prohibition orders from a magistrate. An access order would require the owner to hand over all information on accessing the device to the police for inspection to determine whether the device is a DECCD. A prohibition order can be taken against an individual over 18 who has committed a serious criminal offense and is likely to use such devices. This gives police power to randomly search a person's items, residences, and vehicles without a warrant if they think they may have or be using a DECCD. These prohibition orders can last for between 6 months and two years and would allow police to harass individuals who have already severed their court-ordered time unconditionally.
These, along with other laws passed on state and federal levels over the past few years, have given police and legal entities extreme powers which allow them to invade people's online privacy and personal information with and without a warrant. These actions by the Australian government have put Australian citizens' online and digital privacy in jeopardy and may cause other world governments to follow suit with similar laws.
All pigs must die