Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) A member may apply to a judge for the issue of a warrant under subsection (2) if the member—
(a) has reasonable grounds for suspecting that, on a particular day (the relevant day ), being the day when, or a particular day within 1 month after the day when, the application is made, there may be, on any land or on or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a matter relating to a relevant criminal activity, being a matter into which the authority is conducting a special investigation ( things of the relevant kind ); and
(b) believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.
(2) If an application under subsection (1) is made to a judge, the judge may issue a warrant authorising a member of the Australian Federal Police or of the police force of a State, or any other person, named in the warrant, with the assistance the member or person thinks necessary and if necessary by force—
(a) to enter on the land or on or into the premises, vessel, aircraft or vehicle; and
(b) to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and
(c) to seize any things of the relevant kind found on the land or on or in the premises, vessel, aircraft or vehicle and deliver things so seized to the authority.
(3) A judge shall not issue a warrant under subsection (2) unless—
(a) an affidavit has been furnished to the judge setting out the grounds on which the issue of the warrant is being sought; and
(b) the applicant or some other person has given to the judge, whether orally or by affidavit, such further information (if any) as the judge requires concerning the grounds on which the issue of the warrant is being sought; and
(c) the judge is satisfied that there are reasonable grounds for issuing the warrant.
(4) If a judge issues a warrant under this section, he or she shall record on the affidavit referred to in subsection (3) (a) which of the grounds specified in that affidavit has been relied on to justify the issue of the warrant and particulars of any other grounds relied on to justify the issue of the warrant.
(5) A warrant issued under this section shall—
(a) include a statement of the purpose for which it is issued, which shall include a reference to the matter relating to a relevant criminal activity into which the authority is conducting a special investigation and with which the things of the relevant kind are connected; and
(b) state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) include a description of the kind of things authorised to be seized; and
(d) specify a date, not being later than 1 month after the date of issue of the warrant, when the warrant ceases to have effect.
(6) A warrant issued under this section may be executed, in accordance with its terms, at any time during the period commencing on the relevant day and ending on the date specified in the warrant as the date when it ceases to have effect.
(7) If, in the course of searching, in accordance with the terms of a warrant issued under this section, for things of the relevant kind, the person executing it finds a thing that he or she believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an offence against a Territory law, the Commonwealth, a State or another Territory, and the firstmentioned person believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence, that person may seize the thing and, if the thing is so seized, it shall be deemed, for this Act, to have been seized under the warrant.
(8) If a thing is seized under a warrant under this section—
(a) the authority may retain the thing if, and for so long as, retention of the thing by the authority is reasonably necessary for the purposes of a special investigation to which the thing is relevant; and
(b) if the retention of the thing by the authority is not, or ceases to be, reasonably necessary for such purposes, a member shall cause the thing to be delivered to—
(i) if the thing may be used in evidence in proceedings of a kind referred to in subsection (13)—the person responsible for taking the proceedings; or
(ii) if subparagraph (i) does not apply—the person who appears to the member to be entitled to the possession of the thing;
unless the authority has furnished the thing to the Attorney-General, to the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, in accordance with this Act, the Commonwealth Act or an Act of a State.
(9) A member may, instead of delivering a thing in accordance with subsection (8) (b) (ii), deliver the thing to the Attorney-General, the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, for the purpose of assisting in the investigation of criminal offences, if the member is satisfied that the thing is likely to be useful for that purpose.
(10) Nothing in this section affects a right of a person to apply for, or the power of a person to issue, a warrant, being a right or power existing otherwise than under this section.
(11) A reference in this section to a judge of a prescribed court shall include a reference to—
(a) a judge of the Federal Court; or
(b) a judge of the Supreme Court.
(12) In this section:
"thing" includes a document.
(13) Without limiting subsection (1) (a), a reference in this section to a thing connected with a matter relating to a relevant criminal activity, being a matter into which the authority is conducting a special investigation, includes a reference to a thing that may be used in evidence in proceedings for the taking, by or on behalf of the Territory, of civil remedies in respect of a matter connected with, or arising out of, an offence to which the relevant criminal activity relates.