Northern Territory Police are linking up with federal colleagues “wherever possible” to search digital devices, a power they otherwise do not have due to “archaic” local legislation.
In a submission [pdf] to an inquiry into law enforcement’s capability around cybercrime, NT Police say that current legislation they operate under “is not fit-for-purpose in the digital age, particularly in the areas of searching and seizing digital devices, digital evidence and cryptocurrency.”
“This has resulted in, wherever possible, NT Police partnering with the AFP [Australian Federal Police] to allow the use of Commonwealth digital search powers as a workaround of the archaic NT legislation,” the force said.
iTnews has previously reported that federal agencies without device access and search powers – such as Services Australia – similarly turning to the AFP and even some state-based police forces to access devices or application data.
NT Police said an inability to gain “lawful access to encrypted communications and devices” could “further impede” their work.
“It would be welcomed if further consideration be given to ensuring law enforcement can meet community expectations in managing offending that is empowered through the use of such communication platforms and devices,” the force said.
Rather than continue to lean on Commonwealth powers, NT Police backed an examination of “policy, procedure and legislation of all Australian jurisdictions and internationally, with the goal of creating draft national uniform legislation and best practice policy and procedure that can be adopted by all jurisdictions.”
“National uniform legislation would strengthen interoperability and partnerships between jurisdictions, nations, and industry,” the force argued.
“A very high level of agility, interoperability and jurisdictional cooperation, nationally and internationally, is of critical importance in identifying the rapid changes in technology, offence patterns and cyber threats to Australian governments, businesses and individuals, and in preventing and combating these threats.”
Though outside the scope of the inquiry, the NT Police similarly saw opportunities to reform the territory’s legislation.