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