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Australian Criminal Intelligence Commission Bill 2026
95Warrant to apprehend and detain person1
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95 Warrant to apprehend and detain person1
Superior court judge may issue warrant to apprehend and detain2
person3
(1) A superior court judge may issue to the Director-General a warrant4
authorising a person to be apprehended and detained in the5
circumstances set out in subsection (2) for the purposes of bringing6
the person before:7
(a) an examiner for the purposes of an examination; or8
(b) a superior court judge for the purposes of making an order9
under subsection 96(4).10
Note: The power conferred on a judge under this subsection is conferred on11
the judge in the judge’s personal capacity: see subsection 100(4).12
(2) The circumstances are:13
(a) the Director-General has applied to the judge under14
subsection 94(1) for the warrant in relation to the person; and15
(b) the judge is satisfied, on the evidence, that there are16
reasonable grounds for believing that the person has17
committed an offence under section 75 (failure to attend18
examination); and19
(c) the judge is satisfied it is appropriate to issue the warrant in20
all the circumstances.21
(3) The warrant may be executed by a constable.22
(4) A person executing the warrant is authorised to break into and23
enter any premises for the purposes of executing the warrant.24
(5) A person executing the warrant may only use such reasonable force25
as is necessary for the execution.26
Inspector-General of Intelligence and Security to be notified27
(6) The Director-General must give to the Inspector-General of28
Intelligence and Security, before the end of the period of 3 business29
days beginning on the day after the day the warrant is issued:30
(a) a copy of the warrant; and31
(b) a copy of the application for the warrant; and32