{"id":"tas:act-1987-011","name":"Criminal Investigation (Extra-Territorial Offences) Act 1987","slug":"criminal-investigation-extra-territorial-offences-act-1987","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"11 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106423,"registerId":"tas-act-1987-011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Criminal Investigation (Extra-Territorial Offences) Act 1987](/view/html/inforce/2026-04-12/act-1987-011) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  This section and [section 1](#GS1@EN) commence on the date on which this Act receives the Royal Assent.\n> \n> > (2)  Except as provided in [subsection (1)](#GS2@Gs1@EN) , this Act shall commence on such date as may be fixed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***appropriate authority*** means –\n> > > \n> > > > > (a) [*\\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja16@GC1@Hpa@EN) in relation to another State, or a Territory, of the Commonwealth for which a separate police force has been constituted – an authority exercising in relation to the police force of that State or Territory functions corresponding to those of the Commissioner in relation to the Police Service of this State; and\n> > > > \n> > > > > (b) in relation to a Territory of the Commonwealth for which a separate police force has not been constituted – the Commissioner of the Australian Federal Police;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja16@GC1@Hpb@EN) ***Commissioner*** means the Commissioner of Police;\n> > \n> > > ***corresponding law*** means a law of another State, or of a Territory, of the Commonwealth declared under [subsection (3)](#GS3@Gs3@EN) to be a corresponding law;\n> > \n> > > ***night*** means the interval between 9 p.m. and 6 a.m. of the next day;\n> > \n> > > ***offence to which this Act applies*** means an indictable offence against the law of a reciprocating State or Territory (being an offence arising from an act, omission, event, or state of affairs which, if done or occurring in Tasmania, would attract criminal liability under the law of this State);\n> > \n> > > ***owner***, in relation to an object, includes a person entitled to possession of the object;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja16@GC1@Hpc@EN)\n> > \n> > > ***premises*** means a building, structure, or land (whether built on or not, and whether enclosed or unenclosed) and includes an aircraft, vessel, hovercraft, or vehicle;\n> > \n> > > ***reciprocating State or Territory*** means another State, or a Territory, of the Commonwealth –\n> > > \n> > > > > (a) in which a corresponding law is in force; and\n> > > > \n> > > > > (b) in relation to which arrangements are in force under [section 7](#GS7@EN) ;\n> > \n> > > ***search warrant*** means a search warrant in force under [section 4](#GS4@EN) .\n> \n> > (2)  For the purposes of this Act –\n> > \n> > > > (a) anything obtained by the commission of an offence, used for the purpose of committing an offence, or in respect of which an offence has been committed;\n> > > \n> > > > (b) anything that may afford evidence of the commission of an offence; or\n> > > \n> > > > (c) anything intended to be used for the purpose of committing an offence –\n> > \n> > is an object relevant to the investigation of the offence.\n> \n> > (3)  The Governor may, by proclamation, declare a law of another State, or of a Territory, of the Commonwealth to be a corresponding law and may, by subsequent proclamation, vary or revoke any such declaration.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Issue of search warrants","content":"### 4 Issue of search warrants\n\n> > (1)  Where, on the application of a police officer, a magistrate is satisfied that there is reasonable ground to believe –\n> > \n> > > > (a) that an offence to which this Act applies has been, or is intended to be, committed; and\n> > > \n> > > > (b) that there is in any premises an object relevant to the investigation of that offence –\n> > \n> > the magistrate may issue a search warrant in respect of those premises.\n> \n> > (2)  The grounds of an application for a search warrant must be verified by affidavit.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Authority conferred by, and other incidents of, a search warrant","content":"### 5 Authority conferred by, and other incidents of, a search warrant\n\n> > (1)  A search warrant authorizes any police officer, with such assistants as he thinks necessary, to enter and search the premises to which the warrant relates and anything in or on those premises.\n> \n> > (2)  Subject to any direction by a magistrate authorizing execution of a search warrant at night, or during specified hours of the night, it shall not be executed at night.\n> \n> > (3)  A police officer, or a person assisting him, may use such force as is reasonably necessary for the execution of a search warrant.\n> \n> > (4)  A police officer executing a search warrant may seize and remove any object that he believes on reasonable grounds to be relevant to the investigation of the offence in relation to which the warrant was issued.\n> \n> > (5)  An object seized and removed under [subsection (4)](#GS5@Gs4@EN) shall be dealt with in accordance with arrangements entered into under [section 7](#GS7@EN) .\n> \n> > (6)  A police officer who executes a search warrant –\n> > \n> > > > (a) shall prepare a notice, in the prescribed form, containing –\n> > > > \n> > > > > > (i) his name and rank;\n> > > > > \n> > > > > > (ii) the name of the magistrate who issued the warrant and the date and time of its issue; and\n> > > > > \n> > > > > > (iii) a description of any object seized and removed in pursuance of the warrant; and\n> > > \n> > > > (b) shall, as soon as practicable after execution of the warrant, give the notice to the occupier of the premises in relation to which the warrant was issued or leave it for him in a prominent position on those premises.\n> \n> > (7)  A search warrant, if not executed before the expiration of 28 days after the date of its issue shall on the expiration of that period expire.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Offence to hinder execution of search warrant","content":"### 6 Offence to hinder execution of search warrant\n\n> *\\[Section 6 Amended by No. 43 of 1991, s. 5 and Sched. 1 \\]*A person who, without lawful excuse, hinders a police officer, or a person assisting him, in the execution of a search warrant is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Ministerial arrangements for transmission and return of objects seized","content":"### 7 Ministerial arrangements for transmission and return of objects seized\n\n> The Minister may enter into arrangements with a Minister to whom the administration of a corresponding law is committed under which –\n> \n> > > (a) objects seized under this Act that may be relevant to the investigation of an offence against the law of the State, or of a Territory, of the Commonwealth in which the corresponding law is in force –\n> > > \n> > > > > (i) are to be transmitted to the appropriate authority in that State or Territory for the purposes of investigation of, or proceedings in respect of, that offence; and\n> > > > \n> > > > > (ii) when no longer required for the purposes of any such investigation or proceedings, are (unless disposed of by order or direction of a court) to be returned to the Commissioner; and\n> > \n> > > (b) objects seized under a corresponding law that may be relevant to the investigation of an offence against the law of this State –\n> > > \n> > > > > (i) are to be transmitted to the Commissioner; and\n> > > > \n> > > > > (ii) when no longer required for the purposes of investigation of an offence, or proceedings in respect of an offence, are (unless disposed of by order or direction of a court) to be returned to the appropriate authority in the State or Territory in which they were seized.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Returned objects","content":"### 8 Returned objects\n\n> > (1)  Where an object seized under this Act and transmitted to the appropriate authority under an arrangement referred to in [section 7](#GS7@EN) is returned to the Commissioner in pursuance of that arrangement, the Commissioner shall, within 28 days after receipt of the object, by notice in writing, require the person from whom the object was seized, or a person appearing to the Commissioner to be the owner of the object, to claim delivery of the object.\n> \n> > (2)  If no claim is made within the 28 days referred to in [subsection (1)](#GS8@Gs1@EN) , the object is forfeited to the Crown.\n> \n> > (3)  Where a person served with a notice under [subsection (1)](#GS8@Gs1@EN) makes a claim for the delivery of an object to which the notice relates the Commissioner shall –\n> > \n> > > > (a) where the object is required by the Commissioner in connection with the investigation of an offence, retain the object for that purpose; and\n> > > \n> > > > (b) in any other case –\n> > > > \n> > > > > > (i) return the object to the claimant; or\n> > > > > \n> > > > > > (ii) refer the claim to a court of petty sessions –\n> > \n> > and advise the claimant, in writing, accordingly.\n> \n> > (4)  The court of petty sessions may deal with a claim referred to it, under [subsection (3)](#GS8@Gs3@EN) [(b)](#GS8@Gs3@Hpb@EN) [(ii)](#GS8@Gs3@Hpb@Hqii@EN) as if it were an application under [section 138 of the](/view/html/inforce/2026-04-12/act-1959-077#GS138@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Protection of Commissioner","content":"### 9 Protection of Commissioner\n\n> No action or proceeding, civil or criminal, lies against the Commissioner for or in respect of an act or thing done or omitted to be done in good faith by him in his capacity as Commissioner in the exercise or purported exercise of a power under [section 8](#GS8@EN) .","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"### 10 Regulations\n\n> The Governor may make regulations prescribing matters –\n> \n> > > (a) required or permitted by this Act to be prescribed; or\n> > \n> > > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":9}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained focused on its original purpose of enabling criminal investigation of extra-territorial offences in Tasmania. It has been in force since 1987 with the current version unchanged since at least 1 January 2004, suggesting a narrow and stable scope consistent with its original intent. No evidence of scope expansion is apparent from the available text."},"complexity_factors":["Jurisdictional complexity — requires understanding of how Australian federal and state criminal law interact","The concept of 'extra-territorial' jurisdiction (legal power to act beyond your own borders) is inherently technical","Interplay between multiple Australian state and territory legal systems","The full text of operative provisions was not available for analysis, limiting certainty about specific procedural requirements","Likely requires cross-referencing with other criminal procedure legislation to fully understand how powers are exercised","Relatively specialised subject matter not commonly encountered by the general public"],"plain_english_summary":"This Act lets Tasmania investigate and prosecute offences that occurred partly or wholly outside the State when Tasmania has a valid legal interest. It affects police, prosecutors, and people suspected of cross-border crimes by giving Tasmanian authorities tools to gather evidence and pursue accountability beyond the State’s borders.\n\nIt matters because it prevents offenders escaping prosecution simply by crossing jurisdictions."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been altered by later amendments to definitions and penalties: definitions of \"appropriate authority\" and \"Commissioner\" were updated (see s 3(1) as amended) to cover Territories without separate police forces, and the offence/penalty provision was amended (s 6). These changes affect which agencies may act under the Act and the sanctioning regime. Separately, the Governor's proclamation power (s 3(3)) permits the set of \"corresponding laws\" to be varied over time, allowing the Act's practical reach to change by proclamation."},"complexity_factors":["Cross-jurisdictional definitions and proclamation power that determine which external laws apply (s 3(1)–(3))","Magistrate discretion and evidentiary requirement for warrant issue (reasonable grounds; affidavit) (s 4(1)–(2))","Operational constraints on warrant execution (no execution at night without magistrate direction; use of reasonable force) (s 5(2)–(3))","Administrative arrangements for transmission and return of seized objects between jurisdictions (Minister-to-Minister arrangements) and related custody rules (s 7, s 5(5))","Property-claim timeline and forfeiture procedure (notification within 28 days; forfeiture if no claim) (s 8(1)–(2))","Interaction with other processes and laws (referral to court of petty sessions and Justices Act procedures) (s 8(3)–(4))","Criminal sanction for hindering execution and specified penalty limits (s 6)","Protection from civil or criminal liability for the Commissioner for acts done in good faith under the Act (s 9), which affects review and risk allocation"],"plain_english_summary":"This Act lets Tasmanian police obtain and execute search warrants in Tasmania for indictable offences under the laws of other Australian States or Territories declared as \"corresponding laws\" and subject to mutual arrangements. It authorises seizure of objects relevant to investigations, sets notice, retention, return and forfeiture rules, and allows Ministers to arrange transmission of seized items across jurisdictions.\n\nIt affects police, magistrates, Ministers and people whose property may be seized. It matters because it creates cross‑jurisdictional mechanics for evidence handling, allocates custodial responsibility and sets timelines and penalties."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose of enabling interstate evidence gathering through search warrants and arrangements for transmission of seized objects. The 2003 amendments (noted in editorial markings) updated institutional references (changing 'Police Department' to 'Police Service' and updating the Australian Federal Police reference) but did not expand the substantive scope beyond the original cross-border criminal investigation framework."},"complexity_factors":["11 defined terms in the interpretation section, some with nested definitions (e.g., 'appropriate authority' has separate rules for states with/without their own police forces)","Cross-referencing between sections (e.g., section 5(5) refers to section 7 arrangements, section 8(4) refers to the Justices Act 1959)","Conditional logic in definitions: 'reciprocating State or Territory' requires BOTH a corresponding law AND active arrangements under section 7","Temporal limitation: search warrants expire after 28 days (section 5(7))","Nested procedural requirements for returning seized objects (section 8 has a 4-step process with branching logic at subsection 3)","External dependencies: requires proclamations by the Governor to declare corresponding laws (section 3(3)) and ministerial arrangements to be in force (section 7)"],"plain_english_summary":"**What this law does:**\n\nThis Act allows Tasmanian police to get search warrants and seize evidence for crimes that happened in other Australian states or territories — even though those crimes didn't occur in Tasmania. It's essentially a legal bridge that helps police forces across Australia share evidence and cooperate on investigations.\n\n**Who it affects:**\n\n- **Police officers** in Tasmania who need to gather evidence for interstate crimes\n- **People in Tasmania** who might have evidence related to crimes committed elsewhere in Australia\n- **Other states and territories** that have \"corresponding laws\" (matching legislation that allows them to do the same thing)\n- **The Commissioner of Police** and **Ministers** who arrange how seized items get sent back and forth between jurisdictions\n\n**How it works:**\n\n- A Tasmanian magistrate can issue a search warrant if they believe there's evidence in Tasmania related to a serious crime (indictable offence) committed in another state or territory\n- Police can enter premises, search, and seize items they believe are relevant to that interstate investigation\n- The seized items get sent to the police in the state where the crime occurred\n- Once the other state is finished with the evidence, it comes back to Tasmania and the owner can claim it (or it gets forfeited if unclaimed)\n\n**Why it matters:**\n\nWithout this law, if someone committed a crime in, say, Victoria but left the evidence in Tasmania, Victorian police would have no power to search for it in Tasmania. This Act creates a formal system for cross-border police cooperation, making it harder for criminals to hide evidence simply by moving it across state lines. It also ensures there's proper oversight (magistrates issue warrants, not just police) and protects people's rights through documentation requirements and return-of-property procedures."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-investigation-extra-territorial-offences-act-1987","history":"/api/acts/criminal-investigation-extra-territorial-offences-act-1987/history","analysis":"/api/acts/criminal-investigation-extra-territorial-offences-act-1987/analysis","conflicts":"/api/acts/criminal-investigation-extra-territorial-offences-act-1987/conflicts","importantCases":"/api/acts/criminal-investigation-extra-territorial-offences-act-1987/important-cases","documents":"/api/acts/criminal-investigation-extra-territorial-offences-act-1987/documents"}}