Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Paragraph 198(4)(b)
After "material", insert "or seizable items".
2 Subparagraph 199(1)(e)(i)
After "material", insert "or seizable items".
3 Subparagraph 199(1)(e)(ii)
After "material", insert "or items".
4 Paragraph 203(6)(b)
Omit "or any special forfeited goods", substitute ", special forfeited goods or seizable items".
5 At the end of subsection 203(6)
Add:
; and (c) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or a person assisting suspects on reasonable grounds that the person has in his or her possession any relevant evidential material.
6 At the end of section 203
Add:
(10) In this section:
"relevant evidential material" means evidential material in relation to an offence by reason of the commission of which goods are believed to be:
(a) forfeited goods of the kind referred to in paragraph (5)(a); or
(b) special forfeited goods.
7 Subparagraph 203A(1)(e)(i)
Omit "or special forfeited goods", substitute ", special forfeited goods or seizable items".
8 Subparagraph 203A(1)(e)(ii)
After "goods", insert "or items".
9 At the end of subsection 203A(1)
Add:
; and (f) if the warrant so allows:
(i) to conduct an ordinary search or a frisk search of a person who is at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has in his or her possession any relevant evidential material; and
(ii) to seize any relevant evidential material found in the course of that search.
10 At the end of section 203A
Add:
(7) In this section:
"relevant evidential material" means evidential material in relation to an offence by reason of the commission of which goods are believed to be:
(a) goods that are the subject of the warrant; or
(b) special forfeited goods.
11 After section 203H
Insert:
203HA Requirement to provide name or address etc.
Request to provide name or address etc.
(1) If:
(a) a search warrant or seizure warrant in relation to premises is being executed; and
(b) the designated warrant officer believes on reasonable grounds that a person who is at or near the premises may be able to assist the officer in the execution of the warrant;
the officer may request the person to provide his or her name or address, or name and address, to the officer.
Offence--person's refusal or failure to comply with request etc.
(2) A person commits an offence if:
(a) a designated warrant officer:
(i) has made a request of the person under subsection (1); and
(ii) has informed the person of the reason for the request; and
(iii) has complied with any request that the person has made under paragraph (4)(b); and
(b) the person refuses or fails to comply with the request, or gives a name or address that is false in a material particular.
Penalty: 5 penalty units.
(3) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
Offence--designated warrant officer's refusal or failure to comply with request etc.
(4) A designated warrant officer commits an offence if:
(a) the officer makes a request of a person under subsection (1); and
(b) the person requests the officer to provide to the person:
(i) his or her name or the address of his or her place of duty; or
(ii) his or her name and that address; or
(iii) if the officer is not in uniform and it is practicable for the officer to provide the evidence--evidence that he or she is an officer; and
(c) the officer refuses or fails to comply with the request, or gives a name or address that is false in a material particular.
Penalty: 5 penalty units.
Definition
(5) In this section:
"designated warrant officer" , in relation to a search warrant or seizure warrant, means:
(a) the executing officer; or
(b) a person who is an authorised person and who is assisting in the execution of the warrant.
[ Minister's second reading speech made in--
House of Representatives on 3 December 2008
Senate on 10 March 2009 ]
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(240/08) |