DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 101X Search warrants

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 101X

  (1)   Where an information on oath or affirmation is laid before an authorized officer alleging that there are reasonable grounds for suspecting that a thing of a particular kind connected with a particular service offence may be found on a defence member or defence civilian, or in clothing being worn by, or property under the immediate control of, a defence member or defence civilian, and the information sets out those grounds, the authorized officer may issue a search warrant authorizing an investigating officer named in the warrant, with such assistance as he or she thinks necessary and if necessary by force:

  (a)   to search the defence member or defence civilian, as the case may be, and clothing being worn by, and property under the immediate control of, the defence member or defence civilian, as the case may be, for things of that kind; and

  (b)   to seize any thing of that kind found in the course of the search that he or she believes on reasonable grounds to be connected with the service offence.

  (2)   Where an information on oath or affirmation is laid before an authorized officer alleging that there are reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, upon any land or upon or in any premises, ship, aircraft or vehicle, a thing of a particular kind connected with a particular service offence, and the information sets out those grounds, the authorized officer may issue a search warrant authorizing an investigating officer named in the warrant, with such assistance as he or she thinks necessary and if necessary by force:

  (a)   to enter upon the land or upon or into the premises, ship, aircraft or vehicle, as the case may be;

  (b)   to search the land, premises, ship, aircraft or vehicle, as the case may be, for things of that kind; and

  (c)   to seize any thing of that kind found in the course of the search that he or she believes on reasonable grounds to be connected with the service offence.

  (3)   An authorized officer shall not issue a warrant under subsection   (1) or (2) unless:

  (a)   the informant or some other person has given to the authorized officer, either orally or by affidavit, such further information (if any) as the authorized officer requires concerning the grounds on which the issue of the warrant is being sought; and

  (b)   the authorized officer is satisfied that there are reasonable grounds for issuing the warrant.

  (4)   There shall be stated in a warrant issued under this section:

  (a)   in the case of a warrant issued under subsection   (1):

  (i)   a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the service offence in relation to which the search is authorized;

  (ii)   a description of the kind of things authorized to be seized; and

  (iii)   a date, not being later than one month after the day on which the warrant is issued, upon which the warrant ceases to have effect; and

  (b)   in the case of a warrant issued under subsection   (2):

  (i)   a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the service offence in relation to which the entry and search are authorized;

  (ii)   whether entry is authorized to be made at any time of the day or night or only during specified hours of the day or night;

  (iii)   a description of the kind of things authorized to be seized; and

  (iv)   a date, not being later than one month after the day on which the warrant is issued, upon which the warrant ceases to have effect.

  (5)   Where:

  (a)   in the course of searching, in accordance with a warrant issued under this section or section   101Y, for things connected with a particular service offence, being things of a kind specified in the warrant, an investigating officer finds:

  (i)   any thing that he or she believes on reasonable grounds to be connected with the service offence, although not of the kind specified in the warrant; or

  (ii)   any thing that he or she believes on reasonable grounds to be connected with another service offence; and

  (b)   the investigating officer believes on reasonable grounds that it is necessary to seize that thing in order to:

  (i)   prevent its concealment, loss or destruction; or

  (ii)   its use in committing, continuing or repeating a service offence;

the warrant shall be deemed to authorize the investigating officer to seize that thing.

  (6)   An investigating officer acting in accordance with a warrant issued under subsection   (1) may:

  (a)   require a person to remove any clothing that the person is wearing; and

  (b)   if the person refuses or fails to comply with the requirement--remove the clothing.

  (7)   A person shall not be searched by, or in the presence of, a person who is not of the same sex as the first - mentioned person.