Commonwealth Numbered Regulations

1996 No. 286 NATIONAL CRIME AUTHORITY REGULATIONS (AMENDMENT) - REG 2

2.1 Form 1: Omit the form, substitute:
                           "FORM 1                  Regulation 3

COMMONWEALTH OF AUSTRALIA
National Crime Authority Act 1984
SEARCH WARRANT UNDER REGON 22 TO (insert full name of police officer), *[a
member of the Australian Federal Police] *[a member of the Police Force of the
(insert name of State, as the case requires)] *[any other person] who is the
executing officer in relation to this warrant: On the basis of:

   (a)  an application made *[under subsection 22 (1)] *[by telephone under
        subsection 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 (insert address);]

*[premises situated at (insert address);]

*[the vessel (insert name) owned by (insert name and address of owner);]

*[the aircraft (insert identifying marks) owned by (insert name and address of
owner);]

*[the vehicle, the registration number of which is (insert registration number
of the vehicle), a (insert type of vehicle) that is owned by (insert name and
address of owner);] and

   (b)  information given to me *[by affidavit] *[by affidavit and orally]
        that there are reasonable grounds for issuing this warrant under
        section 22 of the National Crime Authority Act 1984 for the purpose of
        seizing and preventing the concealment, loss, mutilation or
        destruction of any of the things specified in Schedule 1, that may be
        in or on the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] on
        the (insert date of application) and that are connected with *[the
        matter] *[the matters] relating to a relevant criminal activity
        specified in Schedule 2, being *[a matter] *[matters] into which the
        National Crime Authority is conducting a special investigation; I,
        (insert full name of Judge), a Judge of (insert name of court), being
        satisfied that there are reasonable grounds for issuing a warrant,
        authorise you, with such assistance as you think necessary and with
        such force as may be reasonably necessary:

   (c)  *[at any time of the day or night] *[between the hours of ... and ...
        ] to enter *[on] *[into] the above-mentioned *[land]

*[premises] *[vessel] *[aircraft] *[vehicle]; and

   (d)  to search the *[land] *[premises] *[vessel] *[aircraft]

*[vehicle] for things of a relevant kind described in Schedule 1 that are
connected with the matter referred to in Schedule 2; and

   (e)  to seize things of a relevant kind described in Schedule 1 that are
        connected with the matter referred to in Schedule 2 found *[on]

*[in] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] and to deliver
them to the National Crime Authority. THIS WARRANT ceases to have effect at
the end of (insert date that is not later than 1 month after the date of issue
of the warrant). Issued on (insert date of issue).
.............................................
(Signature and designation of Judge) The following statement is to be
completed by the Judge issuing the warrant if the warrant is issued on an
application made by telephone under section 23 of the
National Crime Authority Act 1984:

*This warrant is issued for the following reasons:
(insert the reasons)
Schedule 1 Insert a description of the particular thing or things, connected
with the matter described in Schedule 2, that is, or are, authorised to be
seized by the executing officer under this warrant.
Schedule 2 1. The matter relating to the relevant criminal activity into which
the National Crime Authority is conducting a special investigation is (insert
description of the matter). 2. The relevant criminal activity into which the
Authority is conducting a special investigation is (insert description of the
relevant criminal activity, specifying the relevant offence to which the
activity relates). 3. The Authority is conducting a special investigation into
the relevant criminal activity referred to in paragraph 2 as the result of a
reference to the Authority by the Minister under section 13 of the
National Crime Authority Act 1984, namely (insert details of the reference to
the Authority).

* Omit if inapplicable.".

2.2 Form 4: Omit the form, substitute:
                          "FORM 4                     Regulation 8

COMMONWEALTH OF AUSTRALIA
National Crime Authority Act 1984
WARRANT UNDER REGON 31 TO (insert full name of police officer), *[a member of
the Australian Federal Police] *[a member of the Police Force of the (insert
name of State, as case requires)] *[any other person]: On the basis of:

   (a)  the application made by *[(insert full name of applicant) on behalf
        of] the National Crime Authority in this matter; and

   (b)  my satisfaction by evidence on oath that there are reasonable grounds
        to believe that (insert 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;]

*[in relation to whom a summons has been issued under subsection  28 (1) of
the National Crime Authority Act 1984:

        (i)    has absconded or is likely to abscond; or

        (ii)   is otherwise attempting, or is otherwise likely to attempt, to
               evade service of the summons;]

*[has committed an offence under subsection 30 (1) of the National  Crime
Authority Act 1984 , or is likely to do so;] I, (insert full name of Judge), a
Judge of (insert name of court), sitting in chambers and acting under section
31 of the National Crimes Authority Act 1984, and being satisfied that there
are reasonable grounds for issuing a warrant, authorise you, or any member of
the Australian Federal Police or of the Police Force of a State or Territory:

   (a)  if necessary, to break into and enter any premises, vessel, aircraft
        or vehicle to execute the warrant; and

   (b)  to apprehend (insert full name of person to be apprehended): to bring
        *[him] *[her], as soon as practicable, before a Judge of the Federal
        Court or the Supreme Court of a State or Territory to be dealt with
        according to law. Dated (insert date of issue).
..............................................
(Signature and designation of Judge)

* Omit if inapplicable.".