Nothing. It’s just another deliberately vague law which gives them the power to arrest people which then gives them permission to search and seize property.
NSW is a police state but everyone turns a blind eye because it’s unlikely they are going to get scooped up in this sort of thing.
Schrödinger’s dedicated encrypted communications device box. You will open the box under duress, at which point the criminality wave function will collapse.
I have one exactly like that - Data Locker Enterprise (its an portable encrypted hard drive).
Put the wrong password in 4 times, and it wipes the key, data is encrypted and never able to be retrieved.
Designed for extremely sensitive data that absolutely must never fall into the wrong hands or get lost. Supposedly unbreakable.
I think actually *because* it's such a narrow definition, that would need to interpret it that way. ***Dedicated*** encrypted communications device is very clearly specified, which a mobile phone is not. As long as you can prove there is other stuff on the phone that is not used for encrypted communication, then it is clearly not a device *dedicated* for that purpose- only one that can be used for it. A "dedicated" device would be something more like encrypted 2-way radios used by the police themselves.
Also just before I get bombarded, I am not defending these new powers at all, just pointing out the flaw in this one argument. I store almost my entire digital life on an encrypted flash drive and flipped when I saw "prohibit possesion of encrypted devices", but the details are important.
iPhones are a communication device.
They are also encrypted by Apple from factory.
Therefore could they not be considered dedicated encrypted communication devices?
I appreciate your line of thought, because it's probably the kind of reasoning that they would try to use. However, taking into account the definition of the word "dedicated"- "designed for a particular use or function" / "wholly committed to a purpose of cause", that is not what smartphones are. Encrypted communication is a function that is within their ability to provide, but it's not the sole ("dedicated") purpose that they are designed for.
You can be pinged for “handling your phone”, regardless of the phone app being only one of dozens on the device, and probably not the one to which you were referring.
Or [https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.192O](https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.192O) if you want the text rather than a screenshot.
communication devices let them stop and frisk the underaged kids for their instagram at Redfern station where as crminal devices means they can only look at phones that are seized during raids.
Little worried with the wording of the giving access to your device, like does that mean handing your phone to them when under investigation or something else? Like isn't that already a law though
Dunno what bootlicker downvoted you but this is absolutely correct. Magistrates are just people and can be as corrupt or just plain lazy as any other person (arguably much more so because of their position). They probably just go through a stack of requests signing them all with just a quick glance to make sure it's nothing that going to get *them* in trouble.
But thats already a law though? If you're under investigation any electronic devices you have are confiscated and a copy of your os is downloaded and analysed.
Kinda. Your devices can already be confiscated and downloaded however you're generally not obliged to unlock anything.... However police can get a warrant to force you to give the information to unlock it. S3LA Crimes Act 1914.
The new powers requiring somebody to unlock a digital device is only relevant to those who have been served a "dedicated encrypted criminal communication device prohibition order" (which has to be approved by a magistrate).
So what’s to stop this from being like civil forfeiture in the US? And if they can legally demand access to ones phone or computer..... honestly, I’d rather still tell the cops to fuck off and deal with charges. Can imagine the judge “so why’re you here today” “cus I wouldn’t let the cops go through my phone on a whim”
Almost all parlours in Sydney have/had bikie affiliations. Very few would allow you to pay by card, no matter how much the cost. Because it was cash only, and the nature of the work being quite expensive and not many people in the shop at any time, it's incredibly easy to set up for money laundering. Not all places did it, but it was the worst kept secret that most did.
You can still run a money laundering business with debit machines for legit customers, just employ "specialist" tottoo artists that handle (see 'clients' for cash transfer) customers purely for laundering purposes. In other words transfer of illegal cash for the purpose of laundering.
An admission by prosecutors that they know the majority of tattoo businesses exist primarily to launder money for criminal organisations. Crims will just move to other cash only businesses or get their girlfriend/wife to apply for tattoo license (which most do now already)
Enhanced powers to target and confiscate unexplained wealth;
What constitutes unexplained wealth? Sounds like this could be as broken as civil asset forfeiture in the states. (IE I don't like that you have a fancy car. We are going to take it because you don't like you or you spoke to us weird.)
This is a really bad law. Go look at civil asset forfeiture by the police as an issue in the United States.
We already have a process to take proceeds of crime and money laundering, *it’s done by court order* and the state has to prove you received the proceeds.
Just letting the police knick your shit so you have to lawyer up to get it back is going to encourage rampant state corruption
Yep.
Corporate MDM (mobile device management) removed the ability to use FaceID or fingerprints to unlock, and an 8 digit PIN.
Good luck breaking into one of those.
That's right, spying on the population isn't good enough, they wanna make you let them spy on you now, and waste more of your time. It started with spying now it's about submission. Where next? Oh that's right, we must explain ourselves. Maybe we're "Non Essential" I guess soon they will explain us to ourselves? Don't forget to Heil Hitler🙋♂️
lol just now realising when i lived overseas i thought the cops were all useless or lazy because i didn't see as many of them and even when i did they didn't go overly powercrazy or violent which i attributed to them as being lazy. maybe i was brainwashed by growing up in sydney
So, guilty until proven innocent.
Way to ignore the spirit of our legal system and provide the laws the police will be investigated for abusing in the future.
Not just that. But low income and expensive assets. You could be on a low paying job and have a lot of expensive assets which doesn't add up so the ATO gets suspicious and digs around in your finances
There's a great law report podcast episode dedicated to this law by radio national. It's so vague that they could literally pull over any Australian and confiscate literally any piece of property. In some cases they've confiscated houses. If you don't have a reciept for your iphone on you, that can seriously be taken. https://podcasts.apple.com/au/podcast/law-report-full-program-podcast/id74849126?i=1000529441579
This is way too much power, I'm not comfortable with this.
Here are some examples of how NSW Police have misconducted in the past, without these laws, it will just get worse now:
- [Former NSW police officer faces jail time after sharing nude photos of woman he arrested](https://www.theguardian.com/australia-news/2019/jan/22/former-police-officer-risks-jail-time-after-sharing-nude-photos-of-woman-he-arrested)
- [Former NSW Police officer jailed over accessing child abuse material](https://www.smh.com.au/national/nsw/former-nsw-police-officer-jailed-over-accessing-child-abuse-material-20230120-p5ce7r.html)
- [Sydney police officers who had sex with teenager admit they would try to pick up women while on patrol](https://www.9news.com.au/national/western-sydney-police-officers-who-had-sex-with-teenager-face-court/90edd220-d5ae-4bde-b3f6-95f806aaffed)
- [NSW police treated millions in damages for misconduct as ‘cost of doing business’](https://www.theguardian.com/australia-news/2020/feb/13/nsw-police-treated-millions-in-damages-for-misconduct-as-cost-of-doing-business)
Etc...
Not quite 1.5 billion, 100 million over 4 years. Either way is not good.
https://theguardian.com/australia-news/2020/dec/04/hush-money-nsw-police-pay-out-more-than-100m-in-relation-to-legal-settlements
I know a cop that sleeps with bikies and lets them know know what the police know about them 😂 They need to clean up their own backyards first before looking into others
Reporting will just bring attention to one's self, its not worth it. I know people who have sucked cops dick in a divie van to get out of arrests, but a cops word will always be taken as truth over a civilian
If you translate it, this means "The police are now allowed to discriminate. If you look poor but somehow have money they're going to rummage through your shit and you can't stop 'em"
That is exactly what I read too.. I mean sure, let's get some of the wannabe (and real) gangster's off the streets but this seems a little far!
And honestly, how many cops can tell the difference between a real Gucci bumbag and a Kuta beach special?
prohibit possession of encrypted devices? You shitting me? every corporate device that leaves the premises?
does this also mean Signal, whatsapp etc are now prohibited? do i need to unlock my phone? what about my shares trading app???
frankly fuck off... I'll reset the phone before I share my privacy.
I wouldn't be surprised to see the law used against someone who has say 2 phones. One their day to day and another just a burner phone that has an encrypted app on it and nothing else.
S192O of the Crimes Act 1900 defines a DECCD - [https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.192O](https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.192O)
Any ordinary smartphone where the user has limited location services and is running WhatsApp fits that very loose definition.
That's what you get when tech and legal don't talk to each other when drafting laws.
New powers to enable police to direct a person to provide access to a digital device, which is akin to gaining the keys to a safe;
Well this just feels way too intrusive
It does. It also feels like "Akin to gaining the keys of a safe" is them making excuses for it. It isn't really like gaining keys to a safe, because most of us keep things on a phone that would never be kept in a safe. It's much more personal.
This is the liberals giving powers to the police to win favour because they know they are being outed.
Then if labor rolls back these new powers they can call them soft on crime in the Murdoch rags.
Cops will use these laws to harass political enemies and nab selected gangsters on behalf of the ones that pay them off. This is not a conspiracy theory, it’s just the way things always go when cops are given sweeping powers like this.
Stop and search for being black and rich.
Maybe they can finally stop and search these rich cunts on their $300 million yachts. With their helicopters, and jet boats in the hold. Ask the to explain where they accumulated such wealth.
Yep - that's what just happened: [https://www.smh.com.au/national/nsw/property-grab-afp-smashes-alleged-10-billion-chinese-money-laundering-operation-20230201-p5ch7k.html](https://www.smh.com.au/national/nsw/property-grab-afp-smashes-alleged-10-billion-chinese-money-laundering-operation-20230201-p5ch7k.html)
*Federal agents have dismantled an alleged Chinese-Australian money laundering organisation that moved an estimated $10 billion offshore while amassing a blue-chip property portfolio comprising Sydney mansions, a luxury city building and hundreds of acres of land near Sydney’s second airport.*
How about an additional law penalising police for unjustified use of these new powers as well.
It’s going to happen. (Overreach that is)
Don’t get me wrong either, I’m not in favour of the new powers at all.
So if you win10k on the pokies or at the casino. Then are stopped by the cops and you don't have the receipt on you. You could lose your 10k if they don't believe you? then they can take it because an officer with no legal training says so? Unexplained wealth is far too ambiguous and broad. Depends on who's doing the explaining and who's doing the listening.
Sounds like carte blanche for the police with little to no legal training to do whatever they want.
I don't like these powers. Police can already do all of this they just need a higher burden of proof.
We need a bill of rights in Australia that protects our basic civil liberties.
If I want to walk around with 20k in my wallet then that is my decision and shouldnt be a crime.
They have been able to do that previously anyway. Had a mate withdraw 10k years ago to buy a car and didn’t have a receipt. Had to take the cops to the bank to prove he withdrew
*Confiscate unlawfully acquired assets.*
Is this basically Civil Asset Forfeiture like in the US Texas where police can take any personal or private property from someone if they suspect them of a crime (not found guilty yet)?
'Unexplained wealth'
How long until that translates into 'being black and having a new car'?
I give it a couple of weeks.
I don't necessarily disagree with the intent behind these powers, but in the hands of NSWPol I have serious concerns.
My Dad always told me back in the 70s/80s (or whenever Roger Rogerson was around) the joke was that the largest criminal organisation in Australia was the NSW Police Force.
And this is coming from my Dad, who is a Liberal Party voting conservative bootlicker. Definitely not an ACAB type.
Food for thought, anyone who has been following chat gpt would know how proficient it is at using logic to comprehend human conversation and will only continue to improve its capabilities. What happens when the government or internet safety police have their own specified version which they can use to search through all of your past emails and social accounts with the request of finding anything “anti-government”, threatening or suspicious enough to give them reason. I’m not being a conspiracy nutter. It just seems like the logical progression of things no?
Wait wtf?
Prohibit possession of encrypted devices?
Surely channel 7 just has no idea what theyre talking about. Everything is fucking encrypted.
A mobile phone, your pin code on it is encrypted, so is it illegal to have a mobile phone?
What about work laptop? encrypted access. but its illegal to own it and police can compel you to provide access to it?
what the fuck?
Possibly an embarrasingly ignorant question given I've lived here my whole life, but how does one check which MP's voted yes and no to a bill? I've found the relevant peices of legislation, but I can't find any information or stats about the passing of said legislation.
The vagueness of these terms are extremely worrying and knowing the police they will use it to oppress those not intended to have it used against them and farm more than it will hurt any crimelords or gangs ever, especially the last point being basically saying we have the right to everything on your phone if we suspect you of anything illegal and you must give us access. This country is falling further and further into dystopia by the day it seems.
Next will be compel citizens to let police look up their anus. No hands you spread it and they get up close and just look up there for drugs, encrypted devices, gun, missing persons etc. if you accidentally fart on their eye you get charged with assault police.
I think we are way past 1984.
Cash is dying, manipulation through devices/ social; watching what people say and do online, Conglomeration of data by extremely large and common companies to manipulate sales (for now), cameras everywhere: roads and streets, want $10,000 you got to declare, phones pinging on every tower, beacons picking up your movements, facial recognition whilst cruising around! Signs everywhere: you can’t do this, fined for this it doesn’t stop, number plates used for parking. We literally carry a tracking device everywhere we go and the only way to not be tracked is leave your phone at home or take the fucking battery out… can’t even do that these days!!
Australia is way up there in 1984isms.
The scariest thing for me is all transactions online and paying with one’s phone or eftpos, we are already controlled by cash - once it’s just numbers on a screen we are truly fucked… zero autonomy. Even the law… unexplained cash. What if Grams had a safe cos she didn’t trust the banks, gave you $50k… unexplained!
It’s forkin bad.
It’s real bad and I’m up there with you.
I saw a great video where the guy speaking says ‘the government you know next to nothing about you, and you should know everything about the government, because we are private citizens and they are public servants… but we have it all backwards’
Years ago Spanian did a video about this.
[watch it here](https://www.youtube.com/watch?v=mRbgYth-6O0) (Most BS Law in Australia)
He got stopped with an ipod and didn't have a receipt so the police assumed it was stolen and arrested him. The law has been on the books for a while but they typically only stopped you if you were known to police. Now it seems that has changed and they can target anyone with stop and search. So if you're pulled at an RBT and they see you with fancy jewellery they can ask you prove purchase with a receipt.
You need to always kleep your receipts for every purchase you have over, I think $200.
Can anyone answer this possible question? Sex work is legal here but your pay is usually in cash, does that mean if I leave work with say $600 in cash from work and police search me, are they legally allowed to confiscate my money?
Unlawfully acquired assets... cool! Does this mean they will actually punish the banks from the royal commission and bankers who committed MASSIVE FINANCIAL CRIMES 🤔???????
NSW police are just butthurt because the pokie industry is being attacked so they're trying to find a new income stream 🤷♂️ pokies fucking suck anyways.
So a racist cop can now target any minority with a nice car and harass them to explain how they acquired it. In an attempt to protect themselves, the minority film themselves but the police can take their phone, delete the footage, go through their bank app to see how they acquired their wealth....
... is that about right?
How is that last one going to work?
Police: please unlock your ledger
Criminal: I can’t, it’s not mine
Police: we’re pretty sure it is
Criminal: prove it?
Police: ???
Thanks for this post. It reminded me to finally turn on ‘Advanced Data Protection’ on my iPhone to encrypt all my iCloud data.
I’d recommended anyone else who doesn’t like these types of laws to do the same thing.
I see they're not interested in my unexplained poverty??
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"Dude supersized his slurpee. Search him."
That would be up to their interpretation I suppose
Poor person wearing nice clothes, that's not allowed
Must carry all receipts at all times
If you have "large" sums of cash (anything over a few thousand) on your person
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How do you stop and search someone for a house?
You gonna need a house sniffing dog
Owning assets that you shouldn't be able to afford with your reported income
I wonder if politicians and top officials will be under the same scrutiny.
Unexplained wealth? Looks like I never have to worry about that
Rule this subjective, I kinda think everyone could be defined as that.
How’d you get the phone to make this comment, buddy? Get in the paddy wagon
"How'd you get that car?" "I bought it of course" "Give us proof" "It was 10 years ago!" "That's it, unexplained! Take him away boys"
Even if you have proof of purchase, you have to prove where the money came from in the first place.
you mean anyone renting or paying off a mortgage in Sydney?
Kyle Sandilands is a total moron but he’s rich as because somehow people listen to his radio show. Makes no sense to me. So it’s off to jail Kyle!
I wish.
Finally police violence I can get behind
think how intelligent the average person is, then realise half the population is dumber than that.
Actually most people are smarter than average these days.
We're all in the top 10%.
Technically it would be median akshually
Stop being so mean. I didn't askew you to be abnormal distribution.
Yeah, that's really bad and....no wait, I'm OK with this!
Does this apply to politicians?
Of course not, that would be logical
Walking around with a new phone? That’s unexplained wealth mate.
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What's the difference between a dedicated encrypted communication device and a dedicated encrypted CRIMINAL communication device?
The criminal devices are covered in black and white stripes, just like the Hamburglar
the bags they will search for the unexplained cash will have the dollar sign on em.
Nothing. It’s just another deliberately vague law which gives them the power to arrest people which then gives them permission to search and seize property. NSW is a police state but everyone turns a blind eye because it’s unlikely they are going to get scooped up in this sort of thing.
Schrödinger’s dedicated encrypted communications device box. You will open the box under duress, at which point the criminality wave function will collapse.
I have one exactly like that - Data Locker Enterprise (its an portable encrypted hard drive). Put the wrong password in 4 times, and it wipes the key, data is encrypted and never able to be retrieved. Designed for extremely sensitive data that absolutely must never fall into the wrong hands or get lost. Supposedly unbreakable.
the criminal one is for criminals. idiot
Examples: Cipher Phone, KryptAll, AnonCom, Encrochat, an0m phone is the most famous but wasn't even actually encrypted, it was a CIA honey pot.
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I can imagine a funny situation where FBI/AFP have once again honey-potted the crime gangs only for NSW Police to confiscate it all
“We’ve shut down an international drug ring” “No you Fuckwit you just burned a year long sophisticated sting operation.”
Not just that, they can expand it to your basic phone, Whatsapp, signal, telegram, wickr.
Not a dedicated encryption device if it's a standard device with an app installed is it.....
Most modern phones, iPhones especially, are encrypted.
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I doubt they will interpret it with such a narrow definition, a device they suspect is used for criminal activity and is encrypted would fit the bill
I think actually *because* it's such a narrow definition, that would need to interpret it that way. ***Dedicated*** encrypted communications device is very clearly specified, which a mobile phone is not. As long as you can prove there is other stuff on the phone that is not used for encrypted communication, then it is clearly not a device *dedicated* for that purpose- only one that can be used for it. A "dedicated" device would be something more like encrypted 2-way radios used by the police themselves. Also just before I get bombarded, I am not defending these new powers at all, just pointing out the flaw in this one argument. I store almost my entire digital life on an encrypted flash drive and flipped when I saw "prohibit possesion of encrypted devices", but the details are important.
iPhones are a communication device. They are also encrypted by Apple from factory. Therefore could they not be considered dedicated encrypted communication devices?
I appreciate your line of thought, because it's probably the kind of reasoning that they would try to use. However, taking into account the definition of the word "dedicated"- "designed for a particular use or function" / "wholly committed to a purpose of cause", that is not what smartphones are. Encrypted communication is a function that is within their ability to provide, but it's not the sole ("dedicated") purpose that they are designed for.
You can be pinged for “handling your phone”, regardless of the phone app being only one of dozens on the device, and probably not the one to which you were referring.
[here's the definition ](https://i.imgur.com/hWwdUDD.png)
Or [https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.192O](https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.192O) if you want the text rather than a screenshot.
My work phone has an encrypted sim, someone call the cops
communication devices let them stop and frisk the underaged kids for their instagram at Redfern station where as crminal devices means they can only look at phones that are seized during raids.
Little worried with the wording of the giving access to your device, like does that mean handing your phone to them when under investigation or something else? Like isn't that already a law though
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Dunno what bootlicker downvoted you but this is absolutely correct. Magistrates are just people and can be as corrupt or just plain lazy as any other person (arguably much more so because of their position). They probably just go through a stack of requests signing them all with just a quick glance to make sure it's nothing that going to get *them* in trouble.
But thats already a law though? If you're under investigation any electronic devices you have are confiscated and a copy of your os is downloaded and analysed.
Kinda. Your devices can already be confiscated and downloaded however you're generally not obliged to unlock anything.... However police can get a warrant to force you to give the information to unlock it. S3LA Crimes Act 1914. The new powers requiring somebody to unlock a digital device is only relevant to those who have been served a "dedicated encrypted criminal communication device prohibition order" (which has to be approved by a magistrate).
These are the weirdest patch notes I’ve ever read.
So what’s to stop this from being like civil forfeiture in the US? And if they can legally demand access to ones phone or computer..... honestly, I’d rather still tell the cops to fuck off and deal with charges. Can imagine the judge “so why’re you here today” “cus I wouldn’t let the cops go through my phone on a whim”
What’s with the targeting tattoo license? Surely we don’t want criminal organisations having any official business licences?
Almost all parlours in Sydney have/had bikie affiliations. Very few would allow you to pay by card, no matter how much the cost. Because it was cash only, and the nature of the work being quite expensive and not many people in the shop at any time, it's incredibly easy to set up for money laundering. Not all places did it, but it was the worst kept secret that most did.
You can still run a money laundering business with debit machines for legit customers, just employ "specialist" tottoo artists that handle (see 'clients' for cash transfer) customers purely for laundering purposes. In other words transfer of illegal cash for the purpose of laundering.
An admission by prosecutors that they know the majority of tattoo businesses exist primarily to launder money for criminal organisations. Crims will just move to other cash only businesses or get their girlfriend/wife to apply for tattoo license (which most do now already)
6 is shady as fuck "I do not consent to a search, but I submit to one if required" Then mouth shut and lawyer up if needed
This. Smart people ask for a lawyer, innocent or not.
Enhanced powers to target and confiscate unexplained wealth; What constitutes unexplained wealth? Sounds like this could be as broken as civil asset forfeiture in the states. (IE I don't like that you have a fancy car. We are going to take it because you don't like you or you spoke to us weird.)
Does this mean police are allowed to go through your phone on a whim?
Yes! The market is about to be flooded with cheap AMG C63s! Matt black and black rims of course
Brighton Le Sands will be so much quieter
And gold leaf Harleys with a few hundred k's on the clock.....
And squared-off tyres...
To be fair, they really aren't designed to go around corners anyway.
They're designed to be seen, and unfortunately, heard. They're for posers
There goes Merrylands
Sounds a lot like being mugged
*Professionally* mugged
Unexplained wealth. They can start with half of the NSW parliament.
The game devs keep buffing them, when’s the next nerf?
This is a really bad law. Go look at civil asset forfeiture by the police as an issue in the United States. We already have a process to take proceeds of crime and money laundering, *it’s done by court order* and the state has to prove you received the proceeds. Just letting the police knick your shit so you have to lawyer up to get it back is going to encourage rampant state corruption
The NSW Rum Corp has always been corrupt.
What, so they can compel me to unlock my phone? Fuck that.
Can't wait to show the cops my collection of AI feet pics
Generated these on your fancy pants GPU eh m8? Yeah, we’re gonna confiscate that too.
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Just ensure you don't use finger print to unlock, because they can force you to do that.
Never use your finger print or facial recognition to unlock your phone. If you can’t ‘recall’ your password, you can’t recall it! ;)
Yep. Corporate MDM (mobile device management) removed the ability to use FaceID or fingerprints to unlock, and an 8 digit PIN. Good luck breaking into one of those.
That's right, spying on the population isn't good enough, they wanna make you let them spy on you now, and waste more of your time. It started with spying now it's about submission. Where next? Oh that's right, we must explain ourselves. Maybe we're "Non Essential" I guess soon they will explain us to ourselves? Don't forget to Heil Hitler🙋♂️
Is there a link to the actual legislation? I'm assuming it will be sufficiently vague so that anyone can be targeted. Much like anti-consorting laws.
[https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1990-023#sec.28B](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1990-023#sec.26A)
Police state baaaby !!
(Tis a bad thing btw)
Yeah for sure. Having lived overseas and now having moved home, one of Australia’s biggest flaws is how normalised police state-ness is.
lol just now realising when i lived overseas i thought the cops were all useless or lazy because i didn't see as many of them and even when i did they didn't go overly powercrazy or violent which i attributed to them as being lazy. maybe i was brainwashed by growing up in sydney
So, guilty until proven innocent. Way to ignore the spirit of our legal system and provide the laws the police will be investigated for abusing in the future.
What is the definition of unexplained wealth?
No job or source of income, but have assets such as sports cars, boats, jetskis or even just designer clothing.
Not just that. But low income and expensive assets. You could be on a low paying job and have a lot of expensive assets which doesn't add up so the ATO gets suspicious and digs around in your finances
Guys driving $300,000 Queen St Customs cars while also receiving the dole.
The G-Wagon with the “Cartel” license plate 😂
Wealth without an income. Pretty commonly used already to find tax cheats.
There's a great law report podcast episode dedicated to this law by radio national. It's so vague that they could literally pull over any Australian and confiscate literally any piece of property. In some cases they've confiscated houses. If you don't have a reciept for your iphone on you, that can seriously be taken. https://podcasts.apple.com/au/podcast/law-report-full-program-podcast/id74849126?i=1000529441579
expect a lot of AMGs / Ms ending up in auctions. too bad they are all well-trashed.
"Compel access to digital devices." So dick pic for a phone background it is, then.
"Stop and search for unexplained wealth" so religious organizations and politicians.... or they are exempt from this as well ?
This is way too much power, I'm not comfortable with this. Here are some examples of how NSW Police have misconducted in the past, without these laws, it will just get worse now: - [Former NSW police officer faces jail time after sharing nude photos of woman he arrested](https://www.theguardian.com/australia-news/2019/jan/22/former-police-officer-risks-jail-time-after-sharing-nude-photos-of-woman-he-arrested) - [Former NSW Police officer jailed over accessing child abuse material](https://www.smh.com.au/national/nsw/former-nsw-police-officer-jailed-over-accessing-child-abuse-material-20230120-p5ce7r.html) - [Sydney police officers who had sex with teenager admit they would try to pick up women while on patrol](https://www.9news.com.au/national/western-sydney-police-officers-who-had-sex-with-teenager-face-court/90edd220-d5ae-4bde-b3f6-95f806aaffed) - [NSW police treated millions in damages for misconduct as ‘cost of doing business’](https://www.theguardian.com/australia-news/2020/feb/13/nsw-police-treated-millions-in-damages-for-misconduct-as-cost-of-doing-business) Etc...
\> NSW police treated millions in damages for misconduct as ‘cost of doing business’ Last i heard it was around 1.5 Billion, annually.
Not quite 1.5 billion, 100 million over 4 years. Either way is not good. https://theguardian.com/australia-news/2020/dec/04/hush-money-nsw-police-pay-out-more-than-100m-in-relation-to-legal-settlements
I know a cop that sleeps with bikies and lets them know know what the police know about them 😂 They need to clean up their own backyards first before looking into others
[удалено]
Reporting will just bring attention to one's self, its not worth it. I know people who have sucked cops dick in a divie van to get out of arrests, but a cops word will always be taken as truth over a civilian
If you translate it, this means "The police are now allowed to discriminate. If you look poor but somehow have money they're going to rummage through your shit and you can't stop 'em"
That is exactly what I read too.. I mean sure, let's get some of the wannabe (and real) gangster's off the streets but this seems a little far! And honestly, how many cops can tell the difference between a real Gucci bumbag and a Kuta beach special?
prohibit possession of encrypted devices? You shitting me? every corporate device that leaves the premises? does this also mean Signal, whatsapp etc are now prohibited? do i need to unlock my phone? what about my shares trading app??? frankly fuck off... I'll reset the phone before I share my privacy.
No.3 is misleadig. It's Dedicated Encrypted devices that will be banned, very different to a normal phone that has encryption enabled.
What's an example of a DECD?
Cipher Phone, KryptAll, AnonCom, Encrochat, an0m phone is the most famous but wasn't even real.
I wouldn't be surprised to see the law used against someone who has say 2 phones. One their day to day and another just a burner phone that has an encrypted app on it and nothing else.
You just gotta put candy crush on it ;)
> 2 phones Unexplained wealth!
S192O of the Crimes Act 1900 defines a DECCD - [https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.192O](https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.192O)
Looks like having a rooted android falls well within that definition.
Any ordinary smartphone where the user has limited location services and is running WhatsApp fits that very loose definition. That's what you get when tech and legal don't talk to each other when drafting laws.
Don't know. Just pointing out the crappy journalism really.
New powers to enable police to direct a person to provide access to a digital device, which is akin to gaining the keys to a safe; Well this just feels way too intrusive
It does. It also feels like "Akin to gaining the keys of a safe" is them making excuses for it. It isn't really like gaining keys to a safe, because most of us keep things on a phone that would never be kept in a safe. It's much more personal.
Going to be a busy, busy day in Concord & Brighton Le Sands
This is the liberals giving powers to the police to win favour because they know they are being outed. Then if labor rolls back these new powers they can call them soft on crime in the Murdoch rags.
Taxes and police powers rarely get rolled back with changes of government.
I hope this means they are going to frisk and compel access to to white collar criminals like billionaires and their unexplained wealth
Cops will use these laws to harass political enemies and nab selected gangsters on behalf of the ones that pay them off. This is not a conspiracy theory, it’s just the way things always go when cops are given sweeping powers like this.
Unexplained Wealth. What a load of shit. They can just seize unexplained cars? That’s racketeering which is a serious crime.
Excuse me sir, where do you get that Rolex from?
It’s a fake from Bali, you see..
Stop and search for being black and rich. Maybe they can finally stop and search these rich cunts on their $300 million yachts. With their helicopters, and jet boats in the hold. Ask the to explain where they accumulated such wealth.
Yep - that's what just happened: [https://www.smh.com.au/national/nsw/property-grab-afp-smashes-alleged-10-billion-chinese-money-laundering-operation-20230201-p5ch7k.html](https://www.smh.com.au/national/nsw/property-grab-afp-smashes-alleged-10-billion-chinese-money-laundering-operation-20230201-p5ch7k.html) *Federal agents have dismantled an alleged Chinese-Australian money laundering organisation that moved an estimated $10 billion offshore while amassing a blue-chip property portfolio comprising Sydney mansions, a luxury city building and hundreds of acres of land near Sydney’s second airport.*
Haha, good joke.
Your business has a taxable income of zero dollars, yet you regularly fly helicopters
How about an additional law penalising police for unjustified use of these new powers as well. It’s going to happen. (Overreach that is) Don’t get me wrong either, I’m not in favour of the new powers at all.
I'm guessing the money laundering one won't stop Clubs NSW from allowing anyone to launder money through any pub or club that has pokie machines.
So if you win10k on the pokies or at the casino. Then are stopped by the cops and you don't have the receipt on you. You could lose your 10k if they don't believe you? then they can take it because an officer with no legal training says so? Unexplained wealth is far too ambiguous and broad. Depends on who's doing the explaining and who's doing the listening. Sounds like carte blanche for the police with little to no legal training to do whatever they want. I don't like these powers. Police can already do all of this they just need a higher burden of proof. We need a bill of rights in Australia that protects our basic civil liberties. If I want to walk around with 20k in my wallet then that is my decision and shouldnt be a crime.
They have been able to do that previously anyway. Had a mate withdraw 10k years ago to buy a car and didn’t have a receipt. Had to take the cops to the bank to prove he withdrew
*Confiscate unlawfully acquired assets.* Is this basically Civil Asset Forfeiture like in the US Texas where police can take any personal or private property from someone if they suspect them of a crime (not found guilty yet)?
Exactly the thought I had. Alarming.
When is the next nsw election, this bloke is out of control.
Full yank spec.
"We really want you to pay tax and we'll make your life hell if we think you're not"
'Unexplained wealth' How long until that translates into 'being black and having a new car'? I give it a couple of weeks. I don't necessarily disagree with the intent behind these powers, but in the hands of NSWPol I have serious concerns.
I think your last sentence sums it up well. Ordinary citizens are far more at risk from the organised criminal gang in blue.
My Dad always told me back in the 70s/80s (or whenever Roger Rogerson was around) the joke was that the largest criminal organisation in Australia was the NSW Police Force. And this is coming from my Dad, who is a Liberal Party voting conservative bootlicker. Definitely not an ACAB type.
> prohibit possession of encrypted devices so every one with a phone is now breaking the law
Food for thought, anyone who has been following chat gpt would know how proficient it is at using logic to comprehend human conversation and will only continue to improve its capabilities. What happens when the government or internet safety police have their own specified version which they can use to search through all of your past emails and social accounts with the request of finding anything “anti-government”, threatening or suspicious enough to give them reason. I’m not being a conspiracy nutter. It just seems like the logical progression of things no?
Wait wtf? Prohibit possession of encrypted devices? Surely channel 7 just has no idea what theyre talking about. Everything is fucking encrypted. A mobile phone, your pin code on it is encrypted, so is it illegal to have a mobile phone? What about work laptop? encrypted access. but its illegal to own it and police can compel you to provide access to it? what the fuck?
Possibly an embarrasingly ignorant question given I've lived here my whole life, but how does one check which MP's voted yes and no to a bill? I've found the relevant peices of legislation, but I can't find any information or stats about the passing of said legislation.
Soon china will have more freedom
The vagueness of these terms are extremely worrying and knowing the police they will use it to oppress those not intended to have it used against them and farm more than it will hurt any crimelords or gangs ever, especially the last point being basically saying we have the right to everything on your phone if we suspect you of anything illegal and you must give us access. This country is falling further and further into dystopia by the day it seems.
Prohibit possession of encrypted devices?. Uhhhhhh fuck off?
And once this has become normalised, who will be targeted next? What will be the next ‘new and expanded powers’?
Next will be compel citizens to let police look up their anus. No hands you spread it and they get up close and just look up there for drugs, encrypted devices, gun, missing persons etc. if you accidentally fart on their eye you get charged with assault police.
These powers have been given to a force comprised mostly of bullies who failed high school. What could go wrong?
Closer and closer to the Police state 1984 warned us about
It’s scary how many people seemed to take 1984 as an instruction manual and not a warning….
I think we are way past 1984. Cash is dying, manipulation through devices/ social; watching what people say and do online, Conglomeration of data by extremely large and common companies to manipulate sales (for now), cameras everywhere: roads and streets, want $10,000 you got to declare, phones pinging on every tower, beacons picking up your movements, facial recognition whilst cruising around! Signs everywhere: you can’t do this, fined for this it doesn’t stop, number plates used for parking. We literally carry a tracking device everywhere we go and the only way to not be tracked is leave your phone at home or take the fucking battery out… can’t even do that these days!! Australia is way up there in 1984isms. The scariest thing for me is all transactions online and paying with one’s phone or eftpos, we are already controlled by cash - once it’s just numbers on a screen we are truly fucked… zero autonomy. Even the law… unexplained cash. What if Grams had a safe cos she didn’t trust the banks, gave you $50k… unexplained! It’s forkin bad.
It’s real bad and I’m up there with you. I saw a great video where the guy speaking says ‘the government you know next to nothing about you, and you should know everything about the government, because we are private citizens and they are public servants… but we have it all backwards’
😂😂😂 Australia is fucked
WhatsApp is encrypted... Emails are encrypted.... My work laptop is encrypted... 🤔
So things like Bitlocker, Luks and Veracrypt just became illegal in NSW? That's beyond fucked up.
Prohibit possession of encrypted devices? So no iPhones or any other modern computer?
Years ago Spanian did a video about this. [watch it here](https://www.youtube.com/watch?v=mRbgYth-6O0) (Most BS Law in Australia) He got stopped with an ipod and didn't have a receipt so the police assumed it was stolen and arrested him. The law has been on the books for a while but they typically only stopped you if you were known to police. Now it seems that has changed and they can target anyone with stop and search. So if you're pulled at an RBT and they see you with fancy jewellery they can ask you prove purchase with a receipt. You need to always kleep your receipts for every purchase you have over, I think $200.
Can anyone answer this possible question? Sex work is legal here but your pay is usually in cash, does that mean if I leave work with say $600 in cash from work and police search me, are they legally allowed to confiscate my money?
Unlawfully acquired assets... cool! Does this mean they will actually punish the banks from the royal commission and bankers who committed MASSIVE FINANCIAL CRIMES 🤔???????
For what purpose? Because we totally can't see the pigs misusing these laws in any way, shape, or form.
Sieg heil to NSW gestapo…
Well this sounds like a recipe for disaster. How absolutely ridiculous.
NSW police are just butthurt because the pokie industry is being attacked so they're trying to find a new income stream 🤷♂️ pokies fucking suck anyways.
WTF do pokies have to do with the police?
Aren't these already laws, albiet differently named ones?
NSW cops can fuck right off with this
So a racist cop can now target any minority with a nice car and harass them to explain how they acquired it. In an attempt to protect themselves, the minority film themselves but the police can take their phone, delete the footage, go through their bank app to see how they acquired their wealth.... ... is that about right?
Alright you in the ‘sass and bide’ jeans, we are going to strip search you.
What the fuck
ConDom won’t rest until we’re all under his watchful eye
How is that last one going to work? Police: please unlock your ledger Criminal: I can’t, it’s not mine Police: we’re pretty sure it is Criminal: prove it? Police: ???
Thanks for this post. It reminded me to finally turn on ‘Advanced Data Protection’ on my iPhone to encrypt all my iCloud data. I’d recommended anyone else who doesn’t like these types of laws to do the same thing.
Does this mean Mr Potatohead will not be moving to NSW?
These new powers seem unnecessarily broad. We should change our number plates to “ NSW the police state”
Great, move vauge powers which they can use on whoever they want at their discretion.
Surprised they haven't made goose-stepping mandatory yet.
Yooo this is crazy. Is this real? In the U.S. there would be riots in streets. ..wait..
So my crypto wallet is fucked then in NSW ..
Yes to first two, absolutely ducking not to the bottom two