{"id":"criminal-investigation-extraterritorial-offences-act-1984","name":"Criminal Investigation (Extraterritorial Offences) Act 1984","slug":"criminal-investigation-extraterritorial-offences-act-1984","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31857,"registerId":"sa-criminal-investigation-extraterritorial-offences-act-1984-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Investigation (Extraterritorial Offences) Act 1984","content":"South Australia\nCriminal Investigation (Extraterritorial Offences) Act 1984\nAn Act to provide for the issue of search warrants for the investigation in this State of certain offences against the law of other States or Territories of the Commonwealth; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tIssue of search warrants\n5\tAuthority conferred by, and other incidents of, a search warrant\n6\tOffence of hindering execution of search warrant\n7\tMinisterial arrangements for transmission and return of objects seized under this Act or under a corresponding law\n8\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Criminal Investigation (Extraterritorial Offences) Act 1984.\n3—Interpretation\n\t(1)\tIn this Act—\nappropriate authority means—\n\t(a)\tin relation to another State of the Commonwealth or a Territory of the Commonwealth (other than the Australian Capital Territory)—an authority exercising in relation to the police force of that State or Territory functions corresponding to those of the Commissioner of Police in relation to the South Australian police force;\n\t(b)\tin relation to the Australian Capital Territory—the Commissioner of the Australian Federal Police;\ncorresponding law means a law of another State, or of a Territory, of the Commonwealth declared by proclamation to be a corresponding law;\nnight means the period commencing at 7 o'clock in each evening and ending at 7 o'clock in the following morning;\noffence to which this Act applies means an indictable offence against the law of a reciprocating State (being an offence arising from an act, omission or state of affairs which, if done or occurring in this State, would attract criminal liability under the law of this State);\nowner, of an object, includes a person entitled to possession of the object;\npremises means a building, structure or place (whether built upon or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;\nreciprocating State means another State, or a Territory, of the Commonwealth—\n\t(a)\tin which a corresponding law is in force; and\n\t(b)\tin relation to which arrangements are in force under section 7;\nsearch warrant means a warrant under this Act authorising a search of premises;\ntelephone includes any telecommunication device.\n\t(2)\tFor the purposes of this Act—\n\t(a)\tanything 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; or\n\t(b)\tanything that may afford evidence of the commission of an offence; or\n\t(c)\tanything intended to be used for the purpose of committing an offence,\nis an object relevant to the investigation of the offence.\n\t(3)\tThe 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.\n4—Issue of search warrants\n\t(1)\tWhere upon the application of a member of the police force a magistrate is satisfied that there are reasonable grounds to believe—\n\t(a)\tthat an offence to which this Act applies has been, or is intended to be, committed; and\n\t(b)\tthat there is in any premises an object relevant to the investigation of that offence,\nthe magistrate may issue a search warrant in respect of those premises.\n\t(2)\tAn application for the issue of a search warrant may be made either personally or by telephone.\n\t(3)\tThe grounds of an application for a search warrant must be verified by affidavit.\n\t(4)\tAn application for the issue of a search warrant shall not be made by telephone unless in the opinion of the applicant a search warrant is urgently required and there is insufficient time to make the application personally.\n\t(5)\tWhere an application for the issue of a search warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant shall inform the magistrate of his name and of his rank and number in the police force, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is a member of the police force;\n\t(b)\tthe applicant shall inform the magistrate of the grounds on which he seeks the issue of the search warrant;\n\t(c)\tif it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a search warrant, he shall inform the applicant of the facts on which he relies as grounds for the issue of the warrant, and shall not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a search warrant, noting on the warrant the facts on which he relies as grounds for the issue of the warrant;\n\t(e)\tthe search warrant shall be deemed to have been issued, and shall come into force, when signed by the magistrate;\n\t(f)\tthe magistrate shall inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant shall, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n\t(6)\tA magistrate by whom a search warrant is issued shall file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Adelaide Magistrates Court.\n5—Authority conferred by, and other incidents of, a search warrant\n\t(1)\tA search warrant authorises any member of the police force, with such assistants as he thinks necessary, to enter and search the premises to which the warrant relates, and anything in those premises.\n\t(2)\tSubject to any direction by a magistrate authorising execution of a search warrant at night or during specified hours of the night, it shall not be executed at night.\n\t(3)\tA member of the police force, or a person assisting him, may use such force as is reasonably necessary for the execution of a search warrant.\n\t(4)\tA member of the police force 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\t(5)\tAn object seized and removed under subsection (4) shall be dealt with in accordance with arrangements in force under section 7.\n\t(6)\tA member of the police force who executes a search warrant—\n\t(a)\tshall prepare a notice in the prescribed form containing—\n\t(i)\this own name and rank; and\n\t(ii)\tthe name of the magistrate who issued the warrant and the date and time of its issue; and\n\t(iii)\ta description of any objects seized and removed in pursuance of the warrant; and\n\t(b)\tshall, as soon as practicable after execution of the warrant, give the notice to the occupier of the premises in respect of which the warrant was issued or leave it for him in a prominent position on those premises.\n\t(7)\tA search warrant, if not executed at the expiration of one month from the date of its issue, shall then expire.\n6—Offence of hindering execution of search warrant\nA person who, without lawful excuse, hinders a member of the police force, or a person assisting him, in the execution of a search warrant shall be guilty of a summary offence.\nPenalty: Two thousand dollars or imprisonment for six months.\n7—Ministerial arrangements for transmission and return of objects seized under this Act or under a corresponding law\n\t(1)\tThe Minister may enter into arrangements with a Minister to whom the administration of a corresponding law is committed under which—\n\t(a)\tobjects seized under this Act that may be relevant to the investigation of an offence against the law of the State or Territory in which the corresponding law is in force—\n\t(i)\tare 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\t(ii)\twhen 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 of Police; and\n\t(b)\tobjects seized under the corresponding law that may be relevant to the investigation of an offence against the law of this State—\n\t(i)\tare to be transmitted to the Commissioner of Police; and\n\t(ii)\twhen 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.\n\t(2)\tThe owner of an object returned to the Commissioner of Police in pursuance of arrangements under subsection (1) is entitled to the return of the object.\n\t(3)\tThe right conferred by subsection (2) is enforceable by action in detinue in any court of competent jurisdiction.\n8—Regulations\nThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1984\n75\nCriminal Investigation (Extraterritorial Offences) Act 1984\n15.11.1984\n14.4.1986 (Gazette 10.4.1986 p870)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of enabling search warrants for interstate criminal investigations. The scope has not expanded beyond the core mechanism of warrant issuance, execution, and evidence transmission between jurisdictions. No significant mission creep is evident."},"complexity_factors":["Short statute — only 8 sections plus interpretation provisions","Minimal defined terms — 7 key definitions in section 3(1), with straightforward scope","Single clear purpose — facilitating interstate search warrants for criminal investigations","Limited conditional logic — mainly in telephone warrant procedure (section 4(5)) with 7 sequential steps","No nested exceptions — section 5(2) has one simple exception for night-time execution","Straightforward cross-referencing — only internal references to sections 4, 5, 7, and 8","Procedural clarity — telephone warrant process is explicitly step-by-step rather than convoluted"],"plain_english_summary":"**What this law does:**\n\nThis law lets South Australian police get search warrants to investigate serious crimes that happened in other Australian states or territories — even though those crimes didn't occur in South Australia. It's essentially a mutual assistance arrangement for criminal investigations across state borders.\n\n**Who it affects:**\n\n- **Police officers** — can apply for warrants to search premises when investigating interstate crimes\n- **Magistrates** — issue the warrants after being satisfied there's reasonable grounds\n- **People in South Australia** — whose homes, vehicles, or other premises might be searched if police believe they hold evidence about crimes committed elsewhere\n- **Other states and territories** — can receive seized evidence through formal arrangements\n\n**How it works:**\n\n- Police can apply for a search warrant in person or by phone (in urgent cases)\n- The magistrate must be satisfied there's reasonable grounds to believe:\n  - A serious crime (indictable offence) was committed or planned in another state/territory\n  - Evidence of that crime is located in South Australia\n- The warrant lets police enter premises, search, and seize relevant items\n- Seized items get sent to the other state/territory under ministerial arrangements\n- Anyone who interferes with a search faces up to $2,000 fine or 6 months jail\n\n**Why it matters:**\n\nCrime doesn't stop at state borders. This law closes a gap where evidence of a Victorian crime might sit in an Adelaide garage, but SA police couldn't legally seize it. It creates a formal process for cross-border evidence gathering, with safeguards (judicial oversight, time limits on warrants, return of property to owners)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original, narrow purpose: enabling South Australian police to obtain and transmit evidence in South Australia for investigation of offences under other Australian jurisdictions, subject to proclamation of corresponding laws and intergovernmental arrangements (ss3 and 7). There is no material expansion of scope in the text provided; the only noted change in the legislative history is a technical omission (s2) under a revision statute, not a substantive broadening of the Act’s subject matter."},"complexity_factors":["Short Act with 8 sections (concise structure)","Approximately 9 defined terms in the interpretation section (s3)","Conditional telephone‑application procedure with post‑verification requirements (s4(2)–(6))","Intergovernmental arrangements required (ministerial agreements) creating extra‑statutory complexity (s7)","Governor’s proclamation power to declare corresponding laws (s3(3))","Cross‑jurisdictional logistics for transmission and return of seized objects (s7)","Procedural filing and notice requirements (s4(6); s5(6))","Limited exceptions (night execution only by magistrate direction) rather than multiple nested exceptions (s5(2))"],"plain_english_summary":"**What this law does (mechanics)**\n\n- Allows a South Australian magistrate to issue a search warrant to enable South Australian police to search premises in South Australia for evidence connected to certain indictable offences under the law of another State or Territory of Australia, where that other law has been declared a “corresponding law” and formal arrangements are in place (see s3, s4, s7).\n\n- Defines key terms and limits: the offence must be an indictable offence under the other jurisdiction that would also be an offence if done in South Australia (the Act’s “offence to which this Act applies”) and the other jurisdiction must be a “reciprocating State” (s3).\n\n- Sets procedural safeguards for applying for warrants: applications are normally made in person with grounds verified by affidavit; urgent applications may be made by telephone but the applicant must later swear an affidavit and a magistrate must record the facts relied upon when issuing the warrant by phone (s4(2)–(6)).\n\n- Authorises police to enter and search premises, to use reasonable force, and to seize anything they reasonably believe is relevant to the investigation (s5(1), (3)–(4)). Warrants generally cannot be executed at night unless specifically authorised by a magistrate (s5(2)). The executing officer must prepare and deliver or leave a prescribed notice describing the seizure and the warrant (s5(6)). Warrants expire after one month if not executed (s5(7)).\n\n- Creates the offence of hindering execution of a warrant, with a penalty of up to $2,000 or six months’ imprisonment (s6).\n\n- Provides for intergovernmental arrangements, entered into by Ministers, for transmission of seized objects to the other jurisdiction for investigation or proceedings and for the return of objects when no longer required; owners are entitled to the return of objects and can sue in detinue to enforce that right (s7).\n\n- Gives the Governor a power to proclaim which laws of other jurisdictions are “corresponding laws” and a general power to make regulations (s3(3), s8).\n\n**Who this affects**\n\n- South Australian police officers who investigate offences that have a cross‑jurisdictional element (s4–5).\n- Magistrates who decide whether the statutory criteria for issuing warrants are met (s4).\n- Occupiers and owners of premises in South Australia that are searched or from which objects are seized (s5, s7).\n- Ministers and police authorities in other States and Territories with which South Australia enters arrangements under s7; for the Australian Capital Territory the corresponding external authority is the Australian Federal Police (s3).\n\n**Why it matters (practical consequences and administrative effects)**\n\n- Facilitates cross‑jurisdictional criminal investigations: it gives South Australian police a clear statutory route to obtain evidence in South Australia for offences under other Australian jurisdictions without requiring immediate transfer of court proceedings or ad hoc arrangements (ss3–5, s7).\n\n- Affects property and possession: objects reasonably believed to be relevant may be seized and transmitted to another jurisdiction for use in that jurisdiction’s investigation or proceedings (s5(4) and s7(1)). The Act provides a statutory right to the return of seized objects and a private legal remedy (detinue) to enforce that return (s7(2)–(3)).\n\n- Imposes procedural checks on police and magistrates: affidavit verification, filing of warrants and affidavits in the Adelaide Magistrates Court, and requirements about notices and time limits (s4(3), (6); s5(6)–(7)). Telephone applications are permitted but subject to post‑issue verification and recording of grounds (s4(4)–(6)).\n\n- Places decision and implementation powers in the executive and judiciary: the Governor proclaims which external laws correspond (s3(3)); Ministers negotiate transmission/return arrangements (s7(1)); magistrates exercise warrant‑issuing discretion (s4); police decide when to execute warrants and what to seize (s5).\n\n**Costs, incentives, trade‑offs and implementation issues**\n\n- Administrative and operational costs: Ministers must negotiate and maintain interjurisdictional arrangements (s7); police must prepare affidavits, notices and file material with the Adelaide Magistrates Court (s4(3), (6); s5(6)). Transport, storage and custody of seized objects where they are transmitted interstate will have logistical and cost implications for police agencies (s7(1)).\n\n- Compliance and legal process burden on owners: owners temporarily lose possession of seized items and may need to bring court proceedings (detinue) to recover them (s7(2)–(3)); this creates legal costs and disruption.\n\n- Discretion and oversight trade‑off: the Governor’s power to proclaim corresponding laws and the Minister’s ability to conclude arrangements (s3(3), s7(1)) centralise intergovernmental discretion; magistrates retain an independent gatekeeping role for warrants (s4). The Act balances executive flexibility with judicial oversight, but the practical effectiveness depends on the quality of intergovernmental arrangements and magistrates’ scrutiny.\n\n- Effects on private enterprise and competition: the Act is primarily investigative and evidence‑gathering in nature. It can affect businesses only insofar as premises, business records, vehicles or goods are relevant to an investigation; the Act does not itself impose regulatory costs, taxation or restrictions on market entry. Temporary seizure of business assets could disrupt operations and impose transaction costs but there is a statutory return remedy (s7).\n\n- Risk of substitution and coordination: the scheme depends on reciprocal recognition (a proclaimed corresponding law and s7 arrangements). Where in force, it reduces the need for duplicated inquiries across borders; where absent, cross‑border investigations may be slower or require separate processes.\n\n**Key statutory references (examples)**\n- Definitions and scope: s3\n- Warrant applications and telephone procedure: s4\n- Powers on execution, seizure, notice and time limits: s5\n- Offence for hindering execution: s6\n- Intergovernmental arrangements for transmission and return: s7\n- Regulation and proclamation powers: s3(3), s8\n\n**Bottom line**\nThe Act provides a targeted, procedural mechanism for South Australian police to obtain and transmit evidence located in South Australia that is relevant to indictable offences under other Australian jurisdictions, subject to magistrate oversight, intergovernmental arrangements for handling seized items, and statutory safeguards for owners."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not returned. Only a website error page and navigation links were provided. No comparison between original intent and current form can be made."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 'Page Not Found' error","Unable to assess real complexity as the Act's provisions, definitions, schedules, and cross-references could not be examined","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Criminal Investigation (Extraterritorial Offences) Act 1984** (South Australia) could not be retrieved. The legislation website returned a **'Page Not Found'** error, meaning the specific content of this Act was not accessible at the time of analysis.\n\n### What we can tell you about this Act from its title:\n- It is a **South Australian law** dealing with criminal investigation powers.\n- **'Extraterritorial'** means *outside the normal geographic boundaries* — so this Act likely deals with how South Australian police can investigate crimes that occur **outside South Australia** (interstate or overseas) but still have a connection to SA.\n- It dates from **1984**, making it a relatively mature piece of legislation that may have been amended multiple times since.\n\n### What you should do:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for this Act by name.\n- If links were created before **24 March 2026**, update them as the SA legislation website underwent a significant restructure.\n- For urgent queries, email **OPCWeb@sa.gov.au**."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-investigation-extraterritorial-offences-act-1984","history":"/api/acts/criminal-investigation-extraterritorial-offences-act-1984/history","analysis":"/api/acts/criminal-investigation-extraterritorial-offences-act-1984/analysis","conflicts":"/api/acts/criminal-investigation-extraterritorial-offences-act-1984/conflicts","importantCases":"/api/acts/criminal-investigation-extraterritorial-offences-act-1984/important-cases","documents":"/api/acts/criminal-investigation-extraterritorial-offences-act-1984/documents"}}