Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38b
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38B
Character Range: 146412–147831

38B  Application for search warrant
 (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.