Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:8_3zzoa:p1
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 8 cl 3ZZOA (pt 1/3)
Character Range: 50588–53320

3ZZOA  Monitoring warrant in relation to premises

Application for warrant
 (1) A constable may apply to an issuing officer for a warrant under this section in relation to premises.

Issue of warrant
 (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that:
 (a) a control order is in force in relation to a person; and
 (b) the person has a prescribed connection with the premises; and
 (c) having regard to:
 (i) the nature of the person's prescribed connection with the premises; and
 (ii) one or more of the matters set out in paragraphs (4)(a) to (f), and the matter set out in paragraph (4)(g); and
 (iii) such other matters (if any) as the issuing officer considers relevant;
  it is reasonably necessary that one or more constables should have access to the premises for the purposes of:
 (iv) the protection of the public from a terrorist act; or
 (v) preventing the provision of support for, or the facilitation of, a terrorist act; or
 (vi) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or
 (vii) determining whether the control order has been, or is being, complied with.
 (3) The issuing officer must not issue the warrant unless the applicant or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.
 (4) The matters referred to in subparagraph (2)(c)(ii) are the following:
 (a) the possibility that the person has engaged, is engaging, or will engage, in a terrorist act;
 (b) the possibility that the person has provided, is providing, or will provide, support for a terrorist act;
 (c) the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act;
 (d) the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country;
 (e) the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;
 (f) the possibility that the person has contravened, is contravening, or will contravene, the control order;
 (g) whether allowing one or more constables to have access to the premises, and exercise the monitoring powers in relation to the premises and the powers set out in section 3ZZKF in relation to the premises, would be likely to have the least interference with any person's liberty and privacy that is necessary in the circumstances.

Content of warrant
 (5) The warrant must:
 (a) describe the