Warning about Australian Border Force Arrest Demanding PIN / Passcodes of Mobile Phones and Computers of Incoming Passengers
Australian Border Force (ABF), also known as Australian Border Security, randomly detains incoming passengers at Melbourne Airport and other major international airports in Australia.
International passengers arriving in Australia, irrespective of whether they are Australian citizens returning home, or citizens of another country, go through the Australian Border Force area of the airport. Some passengers are taken aside where demands are often made by ABF officers to the incoming passenger to provide the PIN / passcode to any electronic devices he or she has. From experience, male passengers are stopped more often.
The incoming passenger is isolated from other people with whom they are travelling. This can create an intimidating, stressful and frighting experience for the person taken aside and separated.
The incoming passenger is taken aside by the ABF officers for the purpose of having his or her electronic device, usually a mobile phone, searched. After receiving access to the contents of the device the ABF search for illegal material, such as child abuse material.
Incoming passengers placed in this position are often threatened that if the PIN / password is not provided the device will be seized by the ABF. This places the incoming passenger in a stressful position because:
Firstly, they are detained for several hours and do not know where the remainder of the people with whom they have been travelling are;
Secondly, they require their mobile device to function for day to day living and work and are severely inconvenienced by the seizure of the device, often not knowing when it will be returned, if at all;
Thirdly, a stranger, albeit an ABF officer, is looking through the content of the incoming passenger’s personal device, which is an invasion of privacy; and
Fourthly, often the incoming passenger is tired, stressed and confused because they have just disembarked from a long international flight, and are struggling to think clearly.
As an incoming passenger you are not required to give your PIN / passcode in this situation.
However, if a warrant is obtained by ABF or the Australian Federal Police (AFP) and you do not provide your PIN / passcode you are at risk of being charged with an offence.
The ABF or AFP can seize your electronic device, in other words your mobile phone or computer.
If the device has been used to possess or import child abuse material, the penalty of possessing, or importing, child abuse material is usually a term of imprisonment.
Australian Border Force and the Australian Federal Police, who also commonly become involved, will interview you at the airport. They are required to caution you about your legal rights and give you an opportunity to speak to a lawyer.
In these circumstances you are required to give your name, your address and your date of birth.
After these three questions, that must be answered, it is usually best to say ‘no comment‘ to all other questions asked by the ABF or AFP, irrespective of how tempting it may be to answer the questions.
Do your best to be calm and not overwhelmed by the pressure of what can be an intimidating situation.
If you find yourself in this situation at a point of international entry call Elizabeth McKinnon Criminal Lawyer immediately. She will advise you and communicate with the relevant authority that detained you, whether it be Australian Border Force or the Australian Federal Police.
The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.
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