Commonwealth Numbered Acts

EXTRADITION (COMMONWEALTH COUNTRIES) AMENDMENT ACT 1985 No. 17 of 1985 - SECT 9

9. After section 14 of the Principal Act the following sections are inserted:
Searches after apprehension

"14A. (1) A Police Officer who apprehends a person pursuant to a warrant
issued under section 14 may search the person or the clothing that the person
is wearing, and any property under the control of the person, if the Police
Officer has reasonable grounds for suspecting that there is concealed, on, or
in the clothing of, the person or in that property, any article, including a
sum of money -

   (a)  that may be material as evidence in proving an offence to which the
requisition for the surrender of the person relates; or

   (b)  that has been acquired by the person as a result of such an offence.

"(2) Sub-section (1) does not authorize a Police Officer to remove, or to
require the person to remove, any of the clothing that the person is wearing.

"(3) A Police Officer may seize any article found as a result of a search in
accordance with sub-section (1) and may retain any article so seized pending
any direction from the Attorney-General as to the manner in which the article
is to be dealt with.

"(4) The powers conferred by this section are in addition to, and not in
derogation of, any other powers conferred by law.

"(5) In this section, 'Police Officer' means a member or special member of the
Australian Federal Police or a member of the Police Force of a State or
Territory. Search warrants

"14B. (1) Where an information on oath is laid before a Magistrate alleging
that there are reasonable grounds for suspecting that there may be upon any
land, or upon or in any premises, vessel, aircraft or vehicle, any article,
including a sum of money, that may be material as evidence in proving an
offence to which the requisition for the surrender of a person relates or that
has been acquired by a person as a result of such an offence, and the
information sets out those grounds, the Magistrate may issue a search warrant
in accordance with the appropriate form prescribed for the purposes of this
sub-section authorizing a Police Officer named in the warrant, with such
assistance as the Police Officer thinks necessary, and if necessary by force -

   (a)  to enter upon the land or upon or into the premises, vessel, aircraft
        or
vehicle;

   (b)  to search the land, premises, vessel, aircraft or vehicle for any such
article; and

   (c)  to seize any such article found upon the land or upon or in the
premises, vessel, aircraft or vehicle.

"(2) A Magistrate shall not issue a warrant under sub-section (1) unless -

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

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

"(3) There shall be stated in a warrant issued under this section -

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

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

   (c)  a description of the kind of articles authorized to be seized; and

   (d)  a day, not being later than one month after the day of issue of the
warrant, upon which the warrant ceases to have effect.

"(4) If, in the course of searching in accordance with a warrant issued under
this section, for an article, including a sum of money, that may be material
as evidence in proving an offence or has been acquired as a result of an
offence, being an article of a kind specified in the warrant, a Police Officer
finds any article, including a sum of money, that the Police Officer believes
on reasonable grounds to be connected with the offence, although not of a kind
specified in the warrant, and the Police Officer believes on reasonable
grounds that it is necessary to seize that article in order to prevent its
concealment, loss or destruction, the warrant shall be deemed to authorize the
Police Officer to seize that article.

"(5) Where a Police Officer seizes an article found as a result of a search in
accordance with this section, the Police Officer may retain the article
pending any direction from the Attorney-General as to the manner in which the
article is to be dealt with.

"(6) In this section, 'Police Officer' has the same meaning as in section
14A.".