New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) A member may apply to a Judge of a prescribed court for the issue of a warrant under subsection (2) if:(a) the member has reasonable grounds for suspecting that, on a particular day (in this section referred to as the "relevant day"), being the day on which, or a particular day within one month after the day on which, the application is made, there may be, upon any land or upon 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 (in this section referred to as "things of the relevant kind"), and(b) the member 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) Where an application under subsection (1) is made to a Judge of a prescribed court, the Judge may issue a warrant authorizing a member of the Australian Federal Police or of the Police Force of a State, or any other person, named in the warrant, with such assistance as the member or person thinks necessary and if necessary by force:(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle,(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 upon the land or upon 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,(b) the applicant (or some other person) has given to the Judge, either 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) Where a Judge issues a warrant under subsection (2), the Judge shall state on the affidavit furnished as mentioned in subsection (3) (a) which of the grounds specified in that affidavit has or have 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 the warrant 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,(b) state whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night,(c) include a description of the kind of things authorized to be seized, and(d) specify a date, not being later than one month after the date of issue of the warrant, upon which 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 upon which the warrant ceases to have effect.
(7) Where, 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 the warrant finds a thing that the person believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an offence against a law of the Commonwealth, of a State or of a Territory, and the first-mentioned 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 the purposes of this Act, to have been seized pursuant to the warrant.
(8) Where a thing is seized pursuant to a warrant issued 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 is to 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 Authority or 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 of the Commonwealth or of a State, or to a law enforcement agency, in accordance with the Commonwealth Act, this Act or an Act of another State.
(9) A member may, instead of delivering a thing in accordance with subsection (8) (b) (ii), deliver the thing to 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, where 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 by virtue of this section.
(11) A reference in this section to a Judge of a prescribed court shall be construed as a reference to:(b) a Judge of a court of the State.
(12) In this section "thing" includes a document.
(13) Without limiting the generality of 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 Crown in right of the State, of civil remedies in respect of a matter connected with, or arising out of, an offence to which the relevant criminal activity relates.