Australian Crime Commission (Tasmania) Act 2004
29Search warrants
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29 Search warrants
(1) An eligible person may apply to an issuing officer for the issue of a warrant under subsection (2) if –
(a) 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 one month after the day on which, the application is made, there may be, upon any land or upon or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a special ACC operation/investigation ("things of the relevant kind"); and
(b) the eligible person believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.
(2) Where an application under subsection (1) is made to an issuing officer, the issuing officer may issue a warrant authorising a person named in the warrant (the "authorised person"), with such assistance as the authorised person thinks necessary and if necessary by force –
(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle; and
(b) to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and
(c) to seize any things of the relevant kind found upon the land or upon or in the premises, vessel, aircraft or vehicle and deliver things so seized to any person participating in the special ACC operation/investigation.
(3) A member of the Australian Federal Police cannot be an authorised person unless he or she is also a member of the staff of the ACC.
(4) An issuing officer must not issue a warrant under subsection (2) unless –
(a) an affidavit has been furnished to him or her setting out the grounds on which the issue of the warrant is being sought; and
(b) the applicant (or some other person) has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought; and