Commonwealth Numbered Regulations

1985 No. 3 NATIONAL CRIME AUTHORITY REGULATIONS (AMENDMENT) - REG 1

Regulations 2 and 3 of the National Crime Authority Regulations are repealed
and the following regulations and schedules substituted: Interpretation

"2. In these Regulations, unless the contrary intention appears-
'Authority' means the National Crime Authority established by section 7 of the
Act;
'the Act' means the National Crime Authority Act 1984.

Search warrant

"3. A warrant issued by a Judge under section 22 of the Act shall be in
accordance with Form 1 in Schedule 1. Order to show cause why passport of
witness should not be delivered to Authority

"4. An order made by a Judge of the Federal Court under sub-section 24 (1) of
the Act shall be in accordance with Form 2 in Schedule 1. Scale prescribed for
payment of expenses of witnesses

"5. (1) For the purposes of section 26 of the Act, the prescribed scale is the
scale in Schedule 2.

(2) In the scale in Schedule 2, a reference to the High Court Rules shall be
read as a reference to the High Court Rules as in force from time to time.
Summons to appear before Authority

"6. A summons under sub-section 28 (1) of the Act requiring a person to appear
before the Authority at a hearing shall be in accordance with Form 3 in
Schedule 1. Service of summons to appear before Authority

"7. (1) For the purposes of sub-section 30 (1) or (2) of the Act, each of the
following manners of serving a summons is prescribed:

   (a)  where the person named in the summons is a natural person-

        (i)    tendering a copy of the summons to the person or, if on tender
               of the copy the person refuses to accept it, putting it down in
               the presence of the person or leaving it at or upon the place
               or premises where the person is;

        (ii)   if service in the manner specified in sub-paragraph (i) is not
               practicable-leaving a copy of the summons at the last known or
               usual place of residence or business of the person with another
               person who is apparently over the age of 16 years and is
               apparently residing, or employed, at that place or sending a
               copy of the summons by registered post or certified mail to the
               person at the last known or usual place of residence or
               business of the person or at the last known or usual postal
               address of the person;

        (iii)  if a member or an acting member has, subject to sub-regulation
               (2), given a direction that the summons should be so
               served-leaving a copy of the summons with another person
               identified in the direction, being a person who, in the opinion
               of the member or acting member, is likely to bring the contents
               of the summons to the notice of the person, or sending it by
               registered post or certified mail to an address specified in
               the direction, being the address of a place that the member or
               acting member has reasonable grounds to believe to be a place
               frequented by the person;

   (b)  where the person named in the summons is a body corporate-

        (i)    tendering a copy of the summons to a person apparently an
               officer of, or in the service of, the body corporate and
               apparently above the age of 16 years at the head office, a
               registered office, a principal office or a principal place of
               business of the body corporate or, if on tender of the copy the
               person refuses to accept it, leaving it at or upon the
               premises;

        (ii)   sending a copy of the summons by registered post or certified
               mail to the head office, a registered office, a principal
               office or a principal place of business of the body corporate
               or at a postal address of the body corporate.



"(2) A member or an acting member shall not give a direction referred to in
sub-paragraph (1) (a) (iii) in relation to the service of a summons on a
person unless the member or acting member is satisfied upon information
furnished in writing by a solicitor employed by the Authority, that-

   (a)  service of the summons on the person in a manner specified in
        sub-paragraph (1) (a) (i) or (ii) has not been, or is not likely to
        be, successful; and

   (b)  there is a likelihood that service of the summons in a manner
        specified in paragraph (1) (a) (iii) would result in the summons
        coming to the notice of the person.

Warrant for arrest of witness

"8. A warrant issued under sub-section 31 (1) of the Act for the apprehension
of a person shall be in accordance with Form 4 in Schedule 1. Allowances
payable to Chairman

"9. For the purposes of sub-section 38 (2) of the Act, the following
allowances are prescribed for the Chairman, namely, the travelling allowances
payable to a Judge of the Federal Court of Australia.

"SCHEDULE 1
FORM 1
Regulation 3
COMMONWEALTH OF AUSTRALIA
National Crime Authority Act 1984
WARRANT UNDER REGON 22
TO:    (name)


*a member of the Australian Federal Police.

*a member of the Police Force of the (insert 'Northern Territory' or name of
State, as case requires). WHEREAS- (a) an application has been made *under
sub-section 22 (1)/*by telephone under sub-section 23 (1)/of the
National Crime Authority Act 1984 for the issue of a warrant under section 22
of the Act in relation to

*land situated at ;

*premises situated at ;

*the vessel (insert name) owned by (insert name and address);

*aircraft (specify identifying marks) owned by (insert name and address);
  *vehicle Registration No.     , a (specify type of vehicle) owned by (
insert name and address); and
(b)  I, (full name)             , a Judge of (specify court), am satisfied, on
information given to me *by affidavit/*orally/*both by affidavit and orally/,
that there are reasonable grounds for issuing this warrant under that section
for the purpose of preventing the concealment, loss, mutilation or destruction
of any +          that there may be on (insert date of the day that is, in
relation to the application, the relevant day for the purposes of section 22
of the National Crime Authority Act 1984 or, if that day is the day on which,
or a day before the day on which, the warrant is issued, insert 'this day')
*upon/*in/the above-mentioned++         and that are connected with the matter
relating to a relevant criminal activity specified in the Schedule, being a
matter into which the National Crime Authority is conducting a special
investigation: YOU ARE HEREBY AUTHORIZED, with such assistance as you think
necessary and if necessary by force- (c) to enter *upon/*into/the
above-mentioned++
  *between the hours of        and       ;/


*at any time of the day or night;/
(d)  to search the++         for+          connected with the matter specified
in the Schedule; and
(e)  to seize any+          connected with the matter specified in the

Schedule found *upon/*in/the++         and deliver them to the Authority.


SCHEDULE (Specify matter relating to relevant criminal activity into which
Authority is conducting special investigation and with which the things the
seizure of
which is to be authorized are connected) THIS WARRANT ceases to have effect on
(insert date not being later than one month after the date of issue of the
warrant).
Issued on            19  .

..............................................................................
.. (Signature and designation of Judge issuing Warrant) [This warrant is
issued for the following reasons:
..............................................................................
..



* Omit if inapplicable.

+ Insert in blank space a description of the particular kind of things the
seizure of which is to be authorized by the warrant.

++Insert in blank space 'land', 'premises', 'vessel', 'aircraft' or 'vehicle',
as the case requires.

[ To be completed by the Judge issuing the warrant where the warrrant is
issued upon an application made by telephone in accordance with section 23 of
the National Crime Authority Act 1984; omit if inapplicable.

--------
FORM 2
Regulation 4
IN THE FEDERAL COURT OF AUSTRALIA)
                            DISTRICT  REGISTRY)    No.        of 19  .

DIVISION) The application of the National Crime Authority
ORDER TO SHOW CAUSE TO: (name) (address) WHEREAS, upon the application made by
the National Crime Authority in this matter, I, (full name), a Judge of the
Court, sitting in Chambers, am satisfied by evidence on oath that- (a) in
connection with the investigation that is being conducted by the Authority
into the matter specified in the Schedule, a matter that was referred to the
Authority,

*a summons has been issued under the National Crime Authority Act 1984
requiring you to appear/

*you have appeared/
before the Authority at a hearing *to give evidence/*to produce documents or
things/; (b) there are reasonable grounds for believing that you may be able
to

*give/*produce/to the Authority

*evidence that is/

*further evidence that is/

*documents or other things that are/

*further documents or other things that are/
relevant to the matter in respect of which the Authority is conducting the
investigation and could be of particular significance to the investigation;
and (c) there are reasonable grounds for suspecting that you intend to leave
Australia and that you have in your possession, custody or control a passport
issued to you: I HEREBY REQUIRE you to appear at (time) on (date) before the
Court sitting at (address) to show cause why you should not be ordered to
deliver the passport to the Authority.
SCHEDULE (Specify matter into which Authority is conducting the investigation
in
connection with which order is sought)
Dated            19  .

..............................................................................
.. (Signature and designation of Judge making order)
--------
FORM 3
Regulation 6
COMMONWEALTH OF AUSTRALIA
National Crime Authority Act 1984
SUMMONS TO APPEAR BEFORE THE NATIONAL CRIME AUTHORITY TO: (name) (address) The
National Crime Authority *will conduct/*is conducting/an investigation into
the matter that has been referred to it as set out in the notice a copy of
which is annexed to this summons. Pursuant to sub-section 28 (1) of the
National Crime Authority Act 1984, you are hereby summoned-

   (a)  to appear at (time) on (date) before the Authority at the hearing to
        be held for the purposes of the above-mentioned investigation at (
        address) to give evidence
+ in relation to (set out general nature of the matters in relation to which
the Authority intends to question the person named in the summons)/
++ (and to produce the *documents/*things/*documents and other
things/described in the Schedule); and

   (b)  to attend from day to day unless excused or released from further
        attendance.

++(SCHEDULE
(description of documents, &c.))
Dated            19  .

..............................................................................
.. (Signature and designation of member or acting member of the National Crime
Authority issuing the summons)

* Omit if inapplicable.

+ Omit if, under sub-section 28 (3) of the National Crime Authority Act 1984,
omission is warranted.

++Add words within brackets, if necessary.

--------
FORM 4
Regulation 8
IN THE FEDERAL COURT OF AUSTRALIA)
                            DISTRICT  REGISTRY)    No.        of 19  .

DIVISION) The application of
WARRANT TO APPREHEND TO: WHEREAS, upon the application made by *((full name)
on behalf of) the National Crime Authority in this matter, I, (full name ), a
Judge of the Court, sitting in Chambers, am satisfied by evidence on oath that
there are reasonable grounds to believe that (full name and address of person
to be apprehended) who has been ordered, under section 24 of the
National Crime Authority Act  1984 , to deliver +his/+her/passport to the
Authority is nevertheless likely to leave Australia for the purpose of
avoiding giving evidence before the Authority: THESE ARE THEREFORE to command
you to apprehend (full name of person to be apprehended) and to bring
+him/+her/, as soon as practicable, before a Judge of the Court to be dealt
with according to law.
Dated            19 .

..............................................................................
.. (Signature and designation of Judge issuing warrant)

* Add words within brackets, if necessary. + Omit if inapplicable.

"SCHEDULE 2
Regulation 5
SCALE FOR PAYMENT OF EXPENSES OF WITNESSES
1. Witness appearing before the Authority to give evidence because of his
professional, scientific or other special skill or knowledge-in respect of
each day on which he so appears, an amount of not less than the lesser amount
specified in the High Court Rules in relation to expenses of witnesses
possessing such skill or knowledge and not more than the greater amount so
specified.
2. Witness, other than a witness referred to in Item 1, appearing before the
Authority-

   (a)  in the case of a witness remunerated by wages, salary or fees-such
        amount as is provided for in the High Court Rules in relation to
        expenses of witnesses so remunerated;

   (b)  in any other case-such amount as is provided for in the High Court
        Rules in relation to expenses of witnesses generally.
3. Witness appearing before the Authority to give expert evidence-in addition
to any other amount payable to him under Item 1 or 2, a reasonable amount for
qualifying to give that evidence.
4. Any witness appearing before the Authority-such amount as is reasonable-

   (a)  in respect of his conveyance to and from the place at which he so
        attends; and

   (b)  if he is required to be absent overnight from his usual place of
        residence-for meals and accommodation.".