sec.148Covert search warrant applications

### sec.148 Covert search warrant applications An authorised commission officer, with the chairperson’s approval, may apply to a Supreme Court judge for a warrant ( covert search warrant ) to enter and search a place for evidence of the commission of major crime being investigated by the commission. For subsection (1) , an authorised commission officer who is a police officer must be of at least the rank of inspector. The application must— be sworn and state the grounds on which the warrant is sought; and state that the covert search warrant is being sought to enter and search a place for evidence of the commission of major crime being investigated by the commission; and fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and include information required under a regulation about any warrants issued within the previous year in relation to the place or person suspected of being involved in the major crime to which the application relates. Subsection (3) (d) applies only to— information kept in a register that the officer may inspect; and information the officer otherwise actually knows. The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration. s 148 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (2) (sec.148-ssec.1) An authorised commission officer, with the chairperson’s approval, may apply to a Supreme Court judge for a warrant ( covert search warrant ) to enter and search a place for evidence of the commission of major crime being investigated by the commission. (sec.148-ssec.2) For subsection (1) , an authorised commission officer who is a police officer must be of at least the rank of inspector. (sec.148-ssec.3) The application must— be sworn and state the grounds on which the warrant is sought; and state that the covert search warrant is being sought to enter and search a place for evidence of the commission of major crime being investigated by the commission; and fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and include information required under a regulation about any warrants issued within the previous year in relation to the place or person suspected of being involved in the major crime to which the application relates. (sec.148-ssec.4) Subsection (3) (d) applies only to— information kept in a register that the officer may inspect; and information the officer otherwise actually knows. (sec.148-ssec.5) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. (sec.148-ssec.6) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration. - (a) be sworn and state the grounds on which the warrant is sought; and - (b) state that the covert search warrant is being sought to enter and search a place for evidence of the commission of major crime being investigated by the commission; and - (c) fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and - (d) include information required under a regulation about any warrants issued within the previous year in relation to the place or person suspected of being involved in the major crime to which the application relates. - (a) information kept in a register that the officer may inspect; and - (b) information the officer otherwise actually knows.