sec.29Search warrants

sec.29 Search warrants

An eligible person may apply to an issuing officer for the issue of a warrant under subsection (2) if— the eligible person has reasonable grounds for suspecting that, on a particular day (the relevant day ), being the day on which, or a particular day within 1 month after the day on which, the application is made, there may be, on any land or on or in any premises, vessel, aircraft or vehicle, a thing of a particular kind connected with a special ACC operation/investigation (a thing of the relevant kind ); and the eligible person believes on reasonable grounds that, if a summons were issued for the production of the thing, the thing might be concealed, lost, mutilated or destroyed. If an application under subsection (1) is made, the issuing officer may issue a warrant authorising a person named in the warrant (the authorised person ), with the assistance the authorised person thinks necessary and if necessary by force— to enter the land or on or into the premises, vessel, aircraft or vehicle; and to search the land, premises, vessel, aircraft or vehicle for a thing of the relevant kind; and to seize any thing of the relevant kind found on the land or on or in the premises, vessel, aircraft or vehicle; and deliver a thing so seized to any person participating in the special ACC operation/investigation. A member of the Australian Federal Police can not be an authorised person unless he or she is also a member of the staff of the ACC. An issuing officer must not issue a warrant under subsection (2) unless— an affidavit has been given to him or her setting out the grounds on which the issue of the warrant is being sought; and the applicant, or some other person, has given to the issuing officer, either orally or by affidavit, the further information, if any, the issuing officer requires concerning the grounds on which the issue of the warrant is being sought; and the issuing officer is satisfied that there are reasonable grounds for issuing the warrant. If an issuing officer issues a warrant under subsection (2) , he or she must state on the affidavit given to him or her as mentioned in subsection (4) (a) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds relied on by him or her to justify the issue of the warrant. A warrant issued under this section must— include a statement of the purpose for which the warrant is issued, which must include a reference to the special ACC operation/investigation and with which the thing of the relevant kind is connected; and state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and include a description of the kind of thing authorised to be seized; and specify a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. A warrant issued under this section may be executed, in accordance with its terms, at any time during the period commencing on the relevant day and ending on the date specified in the warrant as the date on which the warrant ceases to have effect. A person executing a warrant issued under this section may only use the reasonable force necessary for the execution. Subsection (10) applies if, in the course of searching, under a warrant issued under this section, for a thing of the relevant kind, the person executing the warrant— finds a thing that he or she believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an offence against a law of the Commonwealth or of a State, or of a Territory; and believes on reasonable grounds that it is necessary to seize the thing to prevent its concealment, loss, mutilation or destruction, or its use in committing the offence. The person may seize the thing and, if he or she does so, the thing is to be taken, for the purposes of this Act, to have been seized under the warrant. If a thing is seized under a warrant issued under this section— the head of the special ACC operation/investigation may retain the thing if, and for so long as, retention of the thing by the head of the special ACC operation/investigation is reasonably necessary for the purposes of the special ACC operation/investigation to which the thing is relevant; and if the retention of the thing by the head of the special ACC operation/investigation is not, or ceases to be, reasonably necessary for the purposes mentioned in paragraph (a) , a person participating in the special ACC operation/investigation must cause the thing to be delivered to— if the thing may be used in evidence in proceedings of a kind referred to in subsection (15) —the authority or person responsible for taking the proceedings; or if subparagraph (i) does not apply—the person who appears to the person participating in the special ACC operation/investigation to be entitled to the possession of the thing; unless the CEO has given the thing to the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, or to another person or authority, under section 34 (1) (a) , (b) or (c) . A person participating in the special ACC operation/investigation may, instead of delivering a thing under subsection (11) (b) (ii) , deliver the thing to the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, for the purpose of assisting in the investigation of criminal offences, if the person participating in the special ACC operation/investigation is satisfied that the thing is likely to be useful for that purpose. Nothing in this section affects a right of a person to apply for, or the power of a person to issue, a warrant, being a right or power existing otherwise than by virtue of this section. Subsection (10) does not limit a power under the Police Powers and Responsibilities Act 2000 , section 196 . Without limiting subsection (1) (a) , a reference in this section to a thing connected with a special ACC operation/investigation, includes a reference to a thing that may be used in evidence in proceedings for the taking, by or on behalf of the State, the Commonwealth, another State or a Territory, of civil remedies for a matter connected with, or arising out of, an offence to which the special ACC operation/investigation relates. In this section— thing includes a document. s 29 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ) (sec.29-ssec.1) An eligible person may apply to an issuing officer for the issue of a warrant under subsection (2) if— the eligible person has reasonable grounds for suspecting that, on a particular day (the relevant day ), being the day on which, or a particular day within 1 month after the day on which, the application is made, there may be, on any land or on or in any premises, vessel, aircraft or vehicle, a thing of a particular kind connected with a special ACC operation/investigation (a thing of the relevant kind ); and the eligible person believes on reasonable grounds that, if a summons were issued for the production of the thing, the thing might be concealed, lost, mutilated or destroyed. (sec.29-ssec.2) If an application under subsection (1) is made, the issuing officer may issue a warrant authorising a person named in the warrant (the authorised person ), with the assistance the authorised person thinks necessary and if necessary by force— to enter the land or on or into the premises, vessel, aircraft or vehicle; and to search the land, premises, vessel, aircraft or vehicle for a thing of the relevant kind; and to seize any thing of the relevant kind found on the land or on or in the premises, vessel, aircraft or vehicle; and deliver a thing so seized to any person participating in the special ACC operation/investigation. (sec.29-ssec.3) A member of the Australian Federal Police can not be an authorised person unless he or she is also a member of the staff of the ACC. (sec.29-ssec.4) An issuing officer must not issue a warrant under subsection (2) unless— an affidavit has been given to him or her setting out the grounds on which the issue of the warrant is being sought; and the applicant, or some other person, has given to the issuing officer, either orally or by affidavit, the further information, if any, the issuing officer requires concerning the grounds on which the issue of the warrant is being sought; and the issuing officer is satisfied that there are reasonable grounds for issuing the warrant. (sec.29-ssec.5) If an issuing officer issues a warrant under subsection (2) , he or she must state on the affidavit given to him or her as mentioned in subsection (4) (a) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds relied on by him or her to justify the issue of the warrant. (sec.29-ssec.6) A warrant issued under this section must— include a statement of the purpose for which the warrant is issued, which must include a reference to the special ACC operation/investigation and with which the thing of the relevant kind is connected; and state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and include a description of the kind of thing authorised to be seized; and specify a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. (sec.29-ssec.7) A warrant issued under this section may be executed, in accordance with its terms, at any time during the period commencing on the relevant day and ending on the date specified in the warrant as the date on which the warrant ceases to have effect. (sec.29-ssec.8) A person executing a warrant issued under this section may only use the reasonable force necessary for the execution. (sec.29-ssec.9) Subsection (10) applies if, in the course of searching, under a warrant issued under this section, for a thing of the relevant kind, the person executing the warrant— finds a thing that he or she believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an offence against a law of the Commonwealth or of a State, or of a Territory; and believes on reasonable grounds that it is necessary to seize the thing to prevent its concealment, loss, mutilation or destruction, or its use in committing the offence. (sec.29-ssec.10) The person may seize the thing and, if he or she does so, the thing is to be taken, for the purposes of this Act, to have been seized under the warrant. (sec.29-ssec.11) If a thing is seized under a warrant issued under this section— the head of the special ACC operation/investigation may retain the thing if, and for so long as, retention of the thing by the head of the special ACC operation/investigation is reasonably necessary for the purposes of the special ACC operation/investigation to which the thing is relevant; and if the retention of the thing by the head of the special ACC operation/investigation is not, or ceases to be, reasonably necessary for the purposes mentioned in paragraph (a) , a person participating in the special ACC operation/investigation must cause the thing to be delivered to— if the thing may be used in evidence in proceedings of a kind referred to in subsection (15) —the authority or person responsible for taking the proceedings; or if subparagraph (i) does not apply—the person who appears to the person participating in the special ACC operation/investigation to be entitled to the possession of the thing; unless the CEO has given the thing to the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, or to another person or authority, under section 34 (1) (a) , (b) or (c) . (sec.29-ssec.12) A person participating in the special ACC operation/investigation may, instead of delivering a thing under subsection (11) (b) (ii) , deliver the thing to the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, for the purpose of assisting in the investigation of criminal offences, if the person participating in the special ACC operation/investigation is satisfied that the thing is likely to be useful for that purpose. (sec.29-ssec.13) Nothing in this section affects a right of a person to apply for, or the power of a person to issue, a warrant, being a right or power existing otherwise than by virtue of this section. (sec.29-ssec.14) Subsection (10) does not limit a power under the Police Powers and Responsibilities Act 2000 , section 196 . (sec.29-ssec.15) Without limiting subsection (1) (a) , a reference in this section to a thing connected with a special ACC operation/investigation, includes a reference to a thing that may be used in evidence in proceedings for the taking, by or on behalf of the State, the Commonwealth, another State or a Territory, of civil remedies for a matter connected with, or arising out of, an offence to which the special ACC operation/investigation relates. (sec.29-ssec.16) In this section— thing includes a document.