Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 116C

    (1)     The chief police officer, a deputy chief police officer or a police officer of or above the rank of sergeant (the applicant ) may apply to a magistrate for an entry and search warrant.

    (2)     The application must—

        (a)     state—

              (i)     the name of the applicant; and

              (ii)     the name of the executing officer; and

              (iii)     the nature and duration of the warrant sought; and

              (iv)     whether the registrable offender has previously been subject to a search authorised under a territory law in relation to similar information or material; and

              (v)     whether a previous application has been made under this section in relation to the offender; and

        (b)     subject to subsection (3), be supported by an affidavit setting out the grounds on which the warrant is sought.

    (3)     The application may be made without a supporting affidavit if the applicant believes that—

        (a)     the immediate use of an entry and search warrant is necessary—

              (i)     for the purpose of verifying the offender's personal details; or

              (ii)     if the registrable offender is subject to an order under chapter 5A (Orders prohibiting offender conduct)—because the offender has breached, or is likely to breach, the order; and

        (b)     it is impracticable for an affidavit to be prepared or sworn before the application is made.

    (4)     If subsection (3) applies, the applicant must—

        (a)     give as much information as the magistrate considers reasonably practicable in the circumstances; and

        (b)     if the magistrate issues the warrant—send the supporting affidavit to the magistrate as soon as practicable; and

        (c)     if the magistrate refuses to issue the warrant—make a written record of the application and the reasons for the warrant not being issued.