New South Wales Repealed Regulations

This legislation has been repealed.

NATIONAL CRIME AUTHORITY (STATE PROVISIONS) REGULATION 2000 - SCHEDULE 1

SCHEDULE 1 – Forms

Form 1

(Clause 4)

National Crime Authority (State Provisions) Act 1984 , section 12

SEARCH WARRANT

TO: [name]

* a member of the Australian Federal Police.

* a police officer of the [insert the name of the State or Territory Police Force or Police Service concerned].

1.

An application has been made under the National Crime Authority (State Provisions) Act 1984 for the issue of a warrant under section 12 of that Act in relation to:

• *land situated at [identify the land concerned]

• *premises situated at [identify the premises concerned]

• *the vessel [insert name] owned by [insert name and address of owner]

• *aircraft [specify identifying marks] owned by [insert name and address of owner]

• *vehicle [specify type of vehicle and registration number] owned by [insert name and address of owner].

2.

I, [full name], a Judge of [specify court], am satisfied, on the basis of information given to me *by affidavit/*orally/*by both affidavit and orally:

(a) that there are reasonable grounds for suspecting that on [specify a day that is a relevant day for the purposes of section 12 (1) of the there may be on the land, premises, vessel, aircraft or vehicle concerned [specify the thing or things of a particular kind connected with a matter relating to a relevant criminal activity] connected with a matter relating to a relevant criminal activity, specified in the Schedule, into which the National Crime Authority is conducting a special investigation, and

(b) that, if a summons were not issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed, and

(c) that I therefore have reasonable grounds for issuing this warrant.

3.

You are therefore authorised, with such assistance as you think necessary and if necessary by force:

(a) to enter on or into the land, premises, vessel, aircraft or vehicle concerned *between the times of [insert times] /or *at any time of the day or night, and

(b) to search the land, premises, vessel, aircraft or vehicle for [insert particulars of the things authorised to be seized] connected with the matter specified in the Schedule, and

(c) to seize any things connected with the matter specified in the Schedule found on or in the land, premises, vessel, aircraft or vehicle and deliver them to the Authority.

SCHEDULE

[Specify matter relating to the relevant criminal activity into which Authority is conducting special investigation and with which the things the seizure of which is to be authorised are connected]

4.

This warrant ceases to be effective on [insert a date that is not more than 1 month after the date of issue of the warrant].
Issued on
[Signature and designation of the Judge who issues the warrant]
[The reasons for the issue of the warrant are to be given by the Judge issuing the warrant where the warrant is issued on an application made by telephone in accordance with section 13 of the

5.

This warrant is issued for the following reasons:

•

•

Form 2

(Clause 6)

National Crime Authority (State Provisions) Act 1984 , section 20

* IN THE FEDERAL COURT OF AUSTRALIA
(DISTRICT REGISTRY) No.of
DIVISION [insert name of the Division concerned]

OR

* IN THE SUPREME COURT OF NEW SOUTH WALES
No.of

The application of [insert name of applicant].

WARRANT TO APPREHEND WITNESS

TO: [insert name of the person to whom the warrant is addressed]

* An application has been made by [insert full name] on behalf of the National Crime Authority in this matter.

* I [full name], a Judge of the Federal Court, sitting in Chambers, am/ or *the Supreme Court is/ satisfied by evidence on oath that there are reasonable grounds to believe that [full name and address of person to be apprehended] is likely to leave Australia for the purpose of avoiding giving evidence before the Authority, despite having been ordered to deliver his or her passport to the National Crime Authority in accordance with section 15 of the National Crime Authority (State Provisions) Act 1984 .

You are therefore required to apprehend [full name of person to be apprehended] and to bring him or her, as soon as practicable, *before a Judge of the Federal Court/ or *before the Supreme Court/ to be dealt with according to law.

Dated:

* [Signature and designation of Judge of Federal Court issuing warrant]

OR

* [Signature of Judge of Supreme Court]

* Omit if inapplicable.