Commonwealth Consolidated Acts

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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 78

Applications for search warrants

  (1)   If:

  (a)   a police officer is authorised under section   77 to apply for a search warrant; and

  (b)   the police officer has reasonable grounds for suspecting that the evidential material is, or within the applicable period referred to in subsection   ( 3) of this section will be, at any premises;

the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a search warrant in relation to the premises to search for that material.

  (2)   If:

  (a)   a police officer is authorised under section   77 to apply for a search warrant; and

  (b)   the police officer has reasonable grounds for suspecting that the evidential material is, or within the applicable period referred to in subsection   ( 3) of this section will be, in a person's possession;

the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a search warrant in relation to that person to search for that material.

  (3)   For the purposes of this section, the applicable period is:

  (a)   if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section   116-- 48 hours; or

  (b)   otherwise--72 hours.

Note:   Part   6 deals with search warrants.



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