Commonwealth Consolidated Acts

EXPORT CONTROL ACT 1982 - SECT 10E

             (1)  An authorized officer may apply to a magistrate for a warrant under this section in relation to particular premises.

             (2)  Subject to subsection (3), a magistrate may issue the warrant if satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, any evidential material at the premises.

             (3)  A magistrate must not issue a warrant unless the authorized officer or some other person has given the magistrate, either orally (on oath or affirmation) or by affidavit, such further information as the magistrate requires about the grounds on which the issue of the warrant is being sought.

             (4)  The warrant must:

                     (a)  state the offence to which the warrant relates; and

                     (b)  describe the premises to which the warrant relates; and

                     (c)  describe the kinds of evidential material that are to be searched for under the warrant; and

                     (d)  state the name of the authorized officer who is to be responsible for executing the warrant; and

                     (e)  state the period for which the warrant remains in force, which must not be more than 7 days; and

                      (f)  state whether the warrant may be executed at any time or only during particular hours.

             (5)  The warrant must also state that the warrant authorizes the seizure of a thing (other than evidential material of the kind referred to in paragraph (4)(c)) found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:

                     (a)  evidential material in relation to an offence to which the warrant relates; or

                     (b)  evidential material in relation to another offence against this Act;

if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act.

             (6)  Paragraph (4)(e) does not prevent the issue of successive warrants in relation to the same premises.

             (7)  If the application for the warrant is made under section 10F, this section applies as if:

                     (a)  subsection (2) referred to 48 hours rather than 72 hours; and

                     (b)  paragraph (4)(e) referred to 48 hours rather than 7 days.