sch.11-sec.17Applications for covert search warrants and extensions of covert search warrants— Act , ss 212 and 217

sch.11-sec.17 Applications for covert search warrants and extensions of covert search warrants— Act , ss 212 and 217

This section sets out the responsibilities of a police officer who applies for— a covert search warrant under section 212 (1) of the Act ; or an extension of a covert search warrant under section 217 (2) of the Act . See section 217 (3) of the Act for the application of sections 212 to  216 of the Act to applications for extensions of covert search warrants. The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 212 (2) (a) of the Act — a description of the place (the relevant place ) to be entered and searched; and the designated offence, organised crime or terrorism to which the application relates; and if the relevant place is occupied—the name of the occupier of the relevant place, and any relevant persons, if known; and a description of the nature of the thing to be sought under the proposed warrant; and the information or evidence being relied on to support a reasonable belief mentioned in section 215 (1) of the Act ; for each warrant (a previous warrant ) issued in the previous year in relation to the relevant place or a relevant person— the type of previous warrant; and when and where the previous warrant was issued; and if the previous warrant was a surveillance device warrant or covert search warrant—how long the previous warrant was in force; and whether the previous warrant related to a place or person; and the type of designated offence, organised crime or terrorism to which the previous warrant related; and whether anything was seized under the previous warrant or a proceeding relating to the previous warrant was started; and if a covert search warrant or surveillance device warrant helped in relation to the investigation of the designated offence, organised crime or terrorism to which the previous warrant related—how the covert search warrant or surveillance device warrant helped the investigation. The police officer must ensure that, if reasonably practicable, a lawyer approved by the commissioner— assists the officer to prepare the application; and represents the officer at the hearing of the application. In this section— relevant person , in relation to an application for a covert search warrant, means a person suspected of being involved in the designated offence, organised crime or terrorism to which the application relates. (sch.11-sec.17-ssec.1) This section sets out the responsibilities of a police officer who applies for— a covert search warrant under section 212 (1) of the Act ; or an extension of a covert search warrant under section 217 (2) of the Act . See section 217 (3) of the Act for the application of sections 212 to  216 of the Act to applications for extensions of covert search warrants. (sch.11-sec.17-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 212 (2) (a) of the Act — a description of the place (the relevant place ) to be entered and searched; and the designated offence, organised crime or terrorism to which the application relates; and if the relevant place is occupied—the name of the occupier of the relevant place, and any relevant persons, if known; and a description of the nature of the thing to be sought under the proposed warrant; and the information or evidence being relied on to support a reasonable belief mentioned in section 215 (1) of the Act ; for each warrant (a previous warrant ) issued in the previous year in relation to the relevant place or a relevant person— the type of previous warrant; and when and where the previous warrant was issued; and if the previous warrant was a surveillance device warrant or covert search warrant—how long the previous warrant was in force; and whether the previous warrant related to a place or person; and the type of designated offence, organised crime or terrorism to which the previous warrant related; and whether anything was seized under the previous warrant or a proceeding relating to the previous warrant was started; and if a covert search warrant or surveillance device warrant helped in relation to the investigation of the designated offence, organised crime or terrorism to which the previous warrant related—how the covert search warrant or surveillance device warrant helped the investigation. (sch.11-sec.17-ssec.3) The police officer must ensure that, if reasonably practicable, a lawyer approved by the commissioner— assists the officer to prepare the application; and represents the officer at the hearing of the application. (sch.11-sec.17-ssec.4) In this section— relevant person , in relation to an application for a covert search warrant, means a person suspected of being involved in the designated offence, organised crime or terrorism to which the application relates.