COMMONWEALTH OF AUSTRALIACOMMONWEALTH OF AUSTRALIA

Schedule 3—Forms of warrants Note: See sections 10 and 13. ## Form 1—Search warrant under section 22 of the Act ## COMMONWEALTH OF AUSTRALIA ## Australian Crime Commission Act 2002 ## SEARCH WARRANT UNDER SECTION 22 TO (insert full name of police officer), \*\[a member of the Australian Federal Police\] \*\[a member of the police force of (insert name of State, as the case requires)\] \*\[any other person\] who is the executing officer for this warrant: On the basis of: (a) an application made \*\[under subsection 22(1)\] \*\[by telephone under subsection 23(1)\] of the Australian Crime Commission Act 2002 for the issue of a warrant under section 22 of the Act in relation to: \*\[land situated at (insert address);\] \*\[premises situated at (insert address);\] \*\[the vessel (insert name) owned by (insert name and address of owner);\] \*\[the aircraft (insert identifying marks) owned by (insert name and address of owner);\] \*\[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);\] and (b) information given to me \*\[by affidavit\] \*\[by affidavit and orally\] that there are reasonable grounds for issuing this warrant under section 22 of the Australian Crime Commission Act 2002 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the \*\[land\] \*\[premises\] \*\[vessel\] \*\[aircraft\] \*\[vehicle\] on (insert date of application or a date within 1 month after the date of application) and that are connected with the special ACIC \*\[operation\] \*\[investigation\] specified in Schedule 2; I, (insert full name of issuing officer), a Judge of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant: (c) \*\[at any time of the day or night\] \*\[between the hours of ... and ... \] to enter \*\[on\] \*\[into\] the \*\[land\] \*\[premises\] \*\[vessel\] \*\[aircraft\] \*\[vehicle\]; and (d) to search the \*\[land\] \*\[premises\] \*\[vessel\] \*\[aircraft\] \*\[vehicle\] for things of a relevant kind specified in Schedule 1 that are connected with the special ACIC \*\[operation\] \*\[investigation\] specified in Schedule 2; and (e) to seize things of a relevant kind specified in Schedule 1 that are connected with the special ACIC \*\[operation\] \*\[investigation\] specified in Schedule 2 found \*\[on\] \*\[in\] the \*\[land\] \*\[premises\] \*\[vessel\] \*\[aircraft\] \*\[vehicle\] and to deliver them to any person participating in the special ACIC \*\[operation\] \*\[investigation\]. THIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant). Issued on (insert date of issue). ..................................... (Signature and designation of issuing officer) (The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 23 of the Australian Crime Commission Act 2002.) \*This warrant is issued for the following reasons: (insert the reasons) Schedule 1 (Insert a description of the particular thing or things, connected with the special ACIC operation/investigation specified in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.) Schedule 2 1. The special ACIC \*\[operation\] \*\[investigation\] is (insert description of the special ACIC operation/investigation). 2. The federally relevant criminal activity that is the subject of the ACIC special \*\[operation\] \*\[investigation\] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates). 3. The ACIC is conducting a special \*\[operation\] \*\[investigation\], in accordance with a determination by the Board of the ACIC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the \*\[intelligence operation\] \*\[investigation into matters relating to federally relevant criminal activity\] is a special \*\[operation\] \*\[investigation\]. The determination of the Board is (insert details of the determination of the Board). \*Omit if inapplicable ## Form 2—Warrant under section 31 of the Act ## COMMONWEALTH OF AUSTRALIA ## Australian Crime Commission Act 2002 ## WARRANT UNDER SECTION 31 TO (insert full name of police officer), \*\[a member of the Australian Federal Police\] \*\[a member of the Police Force of the (insert name of State, as case requires)\] \*\[any other person\]: On the basis of: (a) the application made by \*\[(insert full name of applicant)\], an examiner appointed under subsection 46B(1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and (b) my satisfaction by evidence on oath or affirmation that there are reasonable grounds to believe that (insert full name and address of person to be apprehended): \*\[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver \*\[his\] \*\[her\] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;\] \*\[in relation to whom a summons has been issued under subsection 28(1) of the Australian Crime Commission Act 2002: (i) has absconded or is likely to abscond; or (ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;\] \*\[has committed an offence under subsection 30(1) of the Australian Crime Commission Act 2002, or is likely to do so;\] I, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant: (c) if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and (d) to apprehend (insert full name of person to be apprehended): to bring \*\[him\] \*\[her\], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law. Dated (insert date of issue). ............................... (Signature and designation of Judge) \*Omit if inapplicable