MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 38B Application for search warrant

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 38B

  (1)   This section applies if a police officer has been authorised under section   15 to apply for a search warrant in respect of evidential material relating to an investigation or proceeding in a foreign country that relates to a criminal matter involving a serious offence.

  (2)   If the police officer has reasonable grounds for suspecting that the evidential material:

  (a)   is on any particular premises; or

  (b)   will, within the applicable period, be on any particular premises;

the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search those premises for the evidential material.

Note:   For applicable period see subsection   (4).

  (3)   If the police officer has reasonable grounds for suspecting that a person:

  (a)   is in possession of the evidential material; or

  (b)   will, within the applicable period, be in possession of the evidential material;

the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search that person for the evidential material.

Note:   For applicable period see subsection   (4).

  (4)   In this section:

"applicable period" means:

  (a)   if the application for the warrant is made by telephone, telex, fax or any other electronic means, as provided by section   38H--48 hours; or

  (b)   in any other case--72 hours.