{"id":"criminal-investigation-extraterritorial-offences-regulations-2025","name":"Criminal Investigation (Extraterritorial Offences) Regulations 2025","slug":"criminal-investigation-extraterritorial-offences-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235333,"registerId":"sa-criminal-investigation-extraterritorial-offences-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Investigation (Extraterritorial Offences) Regulations 2025","content":"South Australia\nCriminal Investigation (Extraterritorial Offences) Regulations 2025\nunder the Criminal Investigation (Extraterritorial Offences) Act 1984\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tIssue of search warrants (section 4 of Act)\n5\tAuthority conferred by, and other incidents of, a search warrant (section 5 of Act)\nSchedule 1—Forms\nSchedule 2—Repeal of Criminal Investigation (Extraterritorial Offences) Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Criminal Investigation (Extraterritorial Offences) Regulations 2025.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Criminal Investigation (Extraterritorial Offences) Act 1984.\n4—Issue of search warrants (section 4 of Act)\nFor the purposes of section 4 of the Act, the form of a search warrant issued by a magistrate is—\n\t(a)\tif the application for the warrant was made personally—as set out in Schedule 1 Form 1; and\n\t(b)\tif the application for the warrant was made by telephone—as set out in Schedule 1 Form 2.\n5—Authority conferred by, and other incidents of, a search warrant (section 5 of Act)\nFor the purposes of section 5(6)(a) of the Act, the prescribed form for a notice is as set out in Schedule 1 Form 3.\nSchedule 1—Forms\nForm 1—Warrant—application made personally\nCriminal Investigation (Extraterritorial Offences) Act 1984, section 4\nWHEREAS\n\t1\tI, [insert name of magistrate], a magistrate, have received an application made personally and verified by affidavit for a search warrant from [insert name, rank and number of police officer], a police officer.\n\t2\tI am satisfied that there are reasonable grounds to believe that—\n\t(a)\tan offence to which the Criminal Investigation (Extraterritorial Offences) Act 1984 applies has been, or is intended to be, committed; and\n\t(b)\tthere is an object relevant to the investigation of that offence on the following premises: [insert address or description of premises]\nI AUTHORISE any police officer, with such assistants as the officer thinks necessary, to enter and search the premises described above and anything on those premises.\n*This warrant must not be executed between the hours of 7pm and 7am.\n*This warrant may be executed between the hours of 7pm and 7am.\n*This warrant may be executed during the following hours between 7pm and 7am: [insert specified hours]\n*[Strike out whichever is inapplicable]\nThis warrant will expire 1 month after its date of issue.\nDate of issue:\nTime of issue:\nPlace of issue:\nSignature of magistrate issuing warrant:\nForm 2—Warrant—application made by telephone\nCriminal Investigation (Extraterritorial Offences) Act 1984, section 4\nWHEREAS\n\t1\tI, [insert name of magistrate], a magistrate, have received an application by telephone in accordance with section 4(5) of the Act for a search warrant from [insert name, rank and number of police officer], a police officer.\n\t2\tI am satisfied that there are reasonable grounds to believe—\n\t(a)\tthat an offence to which the Criminal Investigation (Extraterritorial Offences) Act 1984 applies has been, or is intended to be, committed; and\n\t(b)\tthere is an object relevant to the investigation of that offence on the following premises: [insert address or description of premises]\n\t3\tIt appears to me that the following facts, furnished to me by the applicant, constitute proper grounds for the issue of a search warrant in respect of the premises described above: [insert facts]\n\t4\tI have informed the applicant of those facts and the applicant has undertaken to verify those facts.\nI AUTHORISE any police officer, with such assistants as the officer thinks necessary, to enter and search the premises described above and anything on those premises.\n*This warrant must not be executed between the hours of 7pm and 7am.\n*This warrant may be executed between the hours of 7pm and 7am.\n*This warrant may be executed during the following hours between 7pm and 7am: [insert specified hours]\n*[Strike out whichever is inapplicable]\nThis warrant will expire 1 month after its date of issue.\nDate of issue:\nTime of issue:\nPlace of issue:\nSignature of magistrate issuing warrant:\nForm 3—Notice of seizure of objects\nCriminal Investigation (Extraterritorial Offences) Act 1984, section 5(6)(a)\nNOTICE TO OCCUPIER (to be completed and signed by police officer executing search warrant):\nPlease note that premises occupied by you have been searched pursuant to a search warrant issued under the Criminal Investigation (Extraterritorial Offences) Act 1984 and objects have been seized as follows:\nAddress or description of premises:\nDescription of objects or things seized:\nLocation(s) in which objects were found on premises:\nDetails of search warrant—\n\t•\tName of magistrate who issued warrant:\n\t•\tDate, time and place of issue of warrant:\nName and rank of police officer:\nSignature of police officer:\nDate:\nSchedule 2—Repeal of Criminal Investigation (Extraterritorial Offences) Regulations 2010\nThe Criminal Investigation (Extraterritorial Offences) Regulations 2010 are repealed.\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 regulations\nYear\nNo\nReference\nCommencement\n2025\n67\nGazette 31.7.2025 p2858 \n31.7.2025: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing forms for search warrants under the 1984 Act. The 2025 version appears to be a straightforward re-enactment with updated forms, replacing the 2010 regulations without expanding into new substantive areas."},"complexity_factors":["Only 5 substantive clauses plus schedules","Single defined term ('Act') in interpretation section","No cross-references to other legislation beyond the parent Act","Straightforward conditional logic (only distinction is personal vs telephone application)","Forms are templates with blank fields rather than complex legal provisions","No exceptions to exceptions or nested conditions","Total length under 2 pages of substantive content"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the **paperwork and procedures** for police to get search warrants under South Australia's *Criminal Investigation (Extraterritorial Offences) Act 1984*. This Act deals with crimes that happen partly or wholly outside South Australia but still fall under the state's jurisdiction (for example, certain drug trafficking, child exploitation, or terrorism-related offences with interstate or international elements).\n\n**Who it affects:**\n\n- **Police officers** who need to search premises for evidence of extraterritorial crimes\n- **Magistrates** who issue the warrants\n- **Occupiers of premises** who may be searched and need to be notified when items are seized\n\n**What the regulations actually contain:**\n\n- **Form 1**: A template for search warrants when police apply in person (with affidavit)\n- **Form 2**: A template for urgent search warrants when police apply by telephone (with verbal undertaking to verify facts)\n- **Form 3**: A notice that police must leave with the occupier listing what was seized during the search\n\nBoth warrant forms include options for **night-time execution** (between 7pm and 7am) — magistrates can ban it, allow it, or allow it only during specific hours. All warrants expire after **one month**.\n\n**Why it matters:**\n\nThese regulations ensure police investigations into serious cross-border crimes follow proper legal safeguards. The telephone warrant provision allows urgent action when waiting for paperwork would let evidence disappear, while the notice requirement protects people's rights to know what was taken from their property. The regulations replace the 2010 version, likely updating forms to match current practice."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The document provided contains no legislative text — only a website error message from the South Australian legislation portal. The original intent of the regulations cannot be determined or compared."},"complexity_factors":["No legislative content was retrievable — the source document is a website error page, not actual legislation","Complexity cannot be meaningfully assessed without substantive text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've provided — the **Criminal Investigation (Extraterritorial Offences) Regulations 2025 (SA)** — could not be analysed because the document content was not successfully retrieved. Instead of the actual legislative text, what was captured is a **'Page Not Found' error** from the South Australian legislation website (legislation.sa.gov.au).\n\nThis appears to have happened because the hyperlink or bookmark used to access this document was created **before 24 March 2026**, making it incompatible with the updated website.\n\n### What you can do:\n- Visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the regulations by name\n- Report the broken link to **OPCWeb@sa.gov.au**\n- Check the [SA Government Gazette](https://governmentgazette.sa.gov.au/) for the original publication\n\n**No legal analysis can be provided without the actual legislative text.**"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations replace and standardise the forms and procedural details for issuing and executing search warrants and for seizure notices, and repeal the 2010 regulations (Schedule 2). They do not expand or alter the substantive extraterritorial investigative powers in the Criminal Investigation (Extraterritorial Offences) Act 1984; they only prescribe how certain Act powers are to be exercised (Regulations 4–5; Schedule 1)."},"complexity_factors":["Narrow procedural scope: prescribes forms and procedural options rather than new substantive powers (Regulation 4, Regulation 5, Schedule 1).","Multiple application routes: separate templates and verification steps for in‑person and telephone warrant applications (Schedule 1, Forms 1 & 2) increases operational branches.","Magistrate discretion: template requires magistrate satisfaction and signature but leaves factual assessment to magistrate (Forms 1 & 2).","Execution timing options: templates include selectable execution hour constraints (Forms 1 & 2) creating operational choices for police.","Expiry and time limits: warrants expire one month after issue (Forms 1 & 2), imposing a fixed temporal constraint on investigations.","Notice and recordkeeping duty: prescribed seizure notice must be completed by the executing officer (Schedule 1, Form 3), imposing a compliance burden on police and an information entitlement for occupiers.","Repeal of prior instrument: replaces the 2010 regulations (Schedule 2), requiring agencies to update procedures and templates.","Dependence on parent Act: procedural effect derives entirely from sections 4 and 5 of the Act, so clarity depends on interpreting those statutory provisions (Regulations 4–5)."],"plain_english_summary":"These regulations set the exact forms and procedural details for search warrants and seizure notices under the Criminal Investigation (Extraterritorial Offences) Act 1984, and repeal the 2010 regulations. They affect magistrates (who issue warrants), police (who apply for and execute warrants and must give a seizure notice), and occupiers of searched premises. The rules fix execution hours, a one‑month expiry for warrants, and verification steps for telephone applications, so they determine administrative duties, timing choices and notice obligations in extraterritorial investigations."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/criminal-investigation-extraterritorial-offences-regulations-2025","history":"/api/acts/criminal-investigation-extraterritorial-offences-regulations-2025/history","analysis":"/api/acts/criminal-investigation-extraterritorial-offences-regulations-2025/analysis","conflicts":"/api/acts/criminal-investigation-extraterritorial-offences-regulations-2025/conflicts","importantCases":"/api/acts/criminal-investigation-extraterritorial-offences-regulations-2025/important-cases","documents":"/api/acts/criminal-investigation-extraterritorial-offences-regulations-2025/documents"}}