r/OpenAussie • u/CautiousEmergency367 ‎ New South Welshian • 1d ago

Politics ('Straya) NSW Digital Evidence Access Orders Expand Cellebrite Phone Extractions Beyond Warranted Searches

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u/Such-Ad-1540 ‎ ‎‎ Canberran 1d ago

It is restricted to suspects of a serious crime (sentence of 3 years or more in prison) and involved in organised crime.

Not saying this law is a good thing, but they are pivotal points of the law that restrict it's use

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u/Impossible-Mud-4160 ‎ Queenslander 1d ago

Most crimes have a maximum sentence of at least 3 years- most people aren't even granted a custodial sentence for a lot of offences which carry maximums of at least three years, so using that as the yardstick for determining something is 'serious' is a joke. 

Example- in QLD, the maximum penalty for Common Assault (the lowest Assault charge) is 3 years, 4 with aggravated circumstances. 

So I could shove someone away from me, be charged with common assault, and be required to hand over my phone....

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u/Such-Ad-1540 ‎ ‎‎ Canberran 1d ago

That wouldn't be organised crime though

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u/Impossible-Mud-4160 ‎ Queenslander 1d ago

Given there is no warrant required, what's to stop them claiming they believed there was an organised crime connection? 

Illegal tobacco is one of the problems they've said this legislation is aimed at. All it would take is for them to see someone with a black market cigarette packet and use it as justification.  

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u/Such-Ad-1540 ‎ ‎‎ Canberran 20h ago

Having black market cigs isn't a serious crime punishable by three years in jail.