NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 22 Search warrants

NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 22

22. (1) A member of the Authority may apply to a Judge of a prescribed court
for the issue of a warrant under sub-section (2) if-

   (a)  the Authority has reasonable grounds for suspecting that, on a
particular day (in this section referred to as the "relevant day"), being the
day on which, or a particular day within one month after the day on which, the
application is made, there may be, upon any land or upon or in any premises,
vessel, aircraft or vehicle, a thing or things of a particular kind connected
with a matter relating to a relevant criminal activity, being a matter into
which the Authority is conducting a special investigation (in this section
referred to as "things of the relevant kind"); and

   (b)  the Authority believes on reasonable grounds that, if a summons were
        issued for the production of the thing or things, the thing or things
        might be concealed, lost, mutilated or destroyed.

(2) Where an application under sub-section (1) is made to a Judge of a
prescribed court, the Judge may issue a warrant authorizing a member of the
Australian Federal Police or of the Police Force of a State, or any other
person, named in the warrant, with such assistance as he 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
        things of the relevant kind; and

   (c)  to seize any things of the relevant kind found upon the land or upon
        or in the premises, vessel, aircraft or vehicle and deliver things so
        siezed to the Authority.

(3) A Judge shall not issue a warrant under sub-section (2) unless-

   (a)  an affidavit has been furnished to him setting out the grounds on
        which the issue of the warrant is being sought;

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

   (c)  the Judge is satisfied that there are reasonable grounds for issuing
        the warrant.

(4) Where a Judge issues a warrant under sub-section (2), he shall state on
the affidavit furnished to him in accordance with sub-section (3) which of the
grounds specified in that affidavit he has relied on to justify the issue of
the warrant and particulars of any other grounds relied on by him to justify
the issue of the warrant.

(5) A warrant issued under this section shall-

   (a)  include a statement of the purpose for which the warrant is issued,
        which shall include a reference to the matter relating to a
        relevant criminal activity into which the Authority is conducting a
        special investigation and with which the things of the relevant kind
        are connected;

   (b)  state 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)  include a description of the kind of things authorized to be seized;
        and

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

(6) A warrant issued under this section may be executed, in accordance with
its terms, at any time during the period commencing on the relevant day and
ending on the date specified in the warrant as the date upon which the warrant
ceases to have effect.

(7) Where, in the course of searching, in accordance with the terms of a
warrant issued under this section, for things of the relevant kind, the person
executing the warrant finds a thing that he believes on reasonable grounds to
be evidence that would be admissible in the prosecution of a person for an
offence against a law of the Commonwealth, of a State or of a Territory, and
he believes on reasonable grounds that it is necessary to seize the thing in
order to prevent its concealment, loss or destruction, or its use in
committing such an offence, the person may seize the thing and, if he does so,
the thing shall be deemed, for the purposes of this Act, to have been seized
pursuant to the warrant.

(8) Where a thing is seized pursuant to a warrant issued under this section-

   (a)  the Authority may retain the thing if, and for so long as, retention
        of the thing by the Authority is reasonably necessary for the purposes
        of a special investigation to which the thing is relevant; and

   (b)  if the retention of the thing by the Authority is not, or ceases to
        be, reasonably necessary for such purposes, the Authority shall cause
        the thing to be delivered to-

        (i)    if the thing may be used in evidence in proceedings of a kind
               referred to in sub-section (13)-the authority or person
               responsible for taking the proceedings; or

        (ii)   if sub-paragraph (i) does not apply-the person who appears to
               the Authority to be entitled to the possession of the thing,
unless the Authority has furnished the thing to the Attorney-General of the
Commonwealth or of a State, or to a law enforcement agency, in accordance with
paragraph 12 (1) (a).

(9) The Authority may, instead of delivering a thing in accordance with
sub-paragraph (8) (b) (ii), deliver the thing to the Attorney-General of the
Commonwealth or of a State, or to a law enforcement agency, for the purpose of
assisting in the investigation of criminal offences, where the Authority is
satisfied that the thing is likely to be useful for that purpose.

(10) Nothing in this section affects a right of a person to apply for, or the
power of a person to issue, a warrant, being a right or power existing
otherwise than by virtue of this section.

(11) A reference in this section to a Judge of a prescribed court shall be
construed as a reference to-

   (a)  a Judge of the Federal Court; or

   (b)  a Judge of a court of a State or Territory.
(12) In this section "thing" includes a document.

(13) Without limiting the generality of paragraph (1) (a), a reference in this
section to a thing connected with a matter relating to a relevant
criminal activity, being a matter into which the Authority is conducting a
special investigation, includes a reference to a thing that may be used in
evidence in proceedings for the taking, by or on behalf of the Crown in right
of the Commonwealth, of a State or of a Territory, of civil remedies in
respect of a matter connected with, or arising out of, an offence to which the
relevant criminal activity relates.