100Applications for suppression orders etc.

100 Applications for suppression orders etc.

(1) An application for a suppression order on the ground mentioned in paragraph 96(3)(a) may be made by: (a) the apprehended person; or (b) a person to whom the warrant was directed; or (c) a person who satisfies the magistrate or Court that he or she has a special interest in the question whether the suppression order should be made. (2) An application for a suppression order on the ground mentioned in paragraph 96(3)(b) or (c) may be made by: (a) a party to the proceeding mentioned in paragraph 96(3)(b); or (b) a person who is, or is likely to be, a witness in the proceeding; or (c) a person or body having responsibility or power under a law of the Commonwealth or a State: (i) to investigate or to bring proceedings in respect of an offence against a law of the Commonwealth or the State; or (ii) to investigate contraventions of a law of the Commonwealth or the State that may give rise to proceedings for the recovery of a pecuniary penalty; or (iii) to bring proceedings under a law of the Commonwealth or the State for the recovery of a pecuniary penalty. (3) An application for a suppression order on the ground mentioned in paragraph 96(3)(d) or (e) may be made by a person or body having responsibility or power under a law of the Commonwealth or a State: (a) to investigate or to bring proceedings in respect of an offence against a law of the Commonwealth or the State; or (b) to investigate contraventions of a law of the Commonwealth or the State that may give rise to proceedings for the recovery of a pecuniary penalty; or (c) to bring proceedings under a law of the Commonwealth or the State for the recovery of a pecuniary penalty. (4) An application for a suppression order on the ground mentioned in paragraph 96(3)(f) may be made by the Minister administering the Australian Security Intelligence Organisation Act 1979. (5) An application for a suppression order on the ground mentioned in paragraph 96(3)(g) may be made by: (a) a victim of the alleged offence mentioned in that paragraph; or (b) a parent or guardian of such a victim; or (c) a person or body having responsibility or power under a law of the Commonwealth or a State to investigate or bring proceedings in respect of an offence against a law of the Commonwealth or the State; or (d) a person to whom the warrant was directed. (6) An application for a suppression order on the ground mentioned in paragraph 96(3)(h) may be made by: (a) the child mentioned in that paragraph; or (b) a parent or guardian of the child; or (c) a person or body having responsibility or power under a law of a State to bring proceedings concerning the welfare of a child. (7) An application for the variation or revocation of a suppression order may be made by: (a) a person entitled to apply for the suppression order; or (b) a publishing organisation; or (c) a person who satisfies the magistrate or court that he or she has a special interest in the question whether the order should be varied or revoked. (8) A person who may apply for a suppression order, or for the variation or revocation of a suppression order, may make a submission to the magistrate or court on the question whether a suppression order should be made, varied or revoked. (9) The person may make the submission without being joined as a party to the proceeding or review. (10) The person may call or give evidence in support of the submission. (11) The magistrate or court may delay a proceeding or review to allow the submission to be made or evidence to be called or given.