Form 16Form 16

Form 16

(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

WARRANT UNDER SUBSECTION 47 (1) TO SEARCH PREMISES

TO (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995 who is to be responsible for executing this warrant

AND TO any other police officer whose name may be inserted in the warrant in accordance with paragraph 48 (1) (d) of the Act:

On the basis of:

(a) a request made by (insert name of International War Crimes Tribunal) in relation to (insert nature of request, including relevant Tribunal offence and the name of the person to whom it relates); and

(b) an application made under subsection 15 (1) or 34 (1) of the International War Crimes Tribunals Act 1995 for the issue of a warrant to search premises, being (insert address or description of premises); and

(c) my being satisfied by information on *[oath]*[affirmation] set out in the application that there are reasonable grounds for suspecting that there is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] the premises the following evidential material:

(insert description of the kinds of evidential material to which the application for this warrant relates);

I, (insert name and designation of magistrate), a magistrate within the meaning of that Act, authorise *[at any time]*[between the hours of ............ and ..........]:

(d) the execution of this warrant in relation to those premises in accordance with the Act; and

*(e) if the executing officer, or the officer assisting, suspects on reasonable grounds that a person who is at or near the premises when this warrant is executed has any evidential material in his or her possession — *[an ordinary]*[and]*[a frisk] search of that person; and

(f) if the executing officer, or the officer assisting, believes on reasonable grounds, that a thing found at the premises in the course of the search is:

(i) evidential material that is not referred to in this warrant; or

(ii) a thing relevant to an indictable offence against an Australian law;

and that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing a Tribunal offence or an indictable offence against an Australian law — seizure of the evidential material or thing.

This warrant ceases to have effect on (insert date of day that is not later than the end of the relevant period specified in subparagraph 48 (1) (e) (i) or (ii) of the Act after the day on which this warrant is issued).