Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38c
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38C
Character Range: 147831–150324

38C  When search warrants may be issued
 (1) If the Magistrate or eligible Judge is satisfied, on the information, that there are 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 Magistrate or Judge may issue a warrant to search the premises.
Note: For applicable period see subsection (3).
 (2) If the Magistrate or eligible Judge is satisfied, on the information, that there are 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 Magistrate or Judge may issue a warrant authorising an ordinary search or a frisk search of the person.
Note: For applicable period see subsection (3).
 (3) In subsections (1) and (2):
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.
 (4) If the police officer applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the police officer must state that suspicion, and the grounds for that suspicion, in the information.
 (5) If the police officer applying for the warrant:
 (a) is a member or special member of the Australian Federal Police; and
 (b) has, at any time previously, applied for a warrant relating to the same person or premises;
the police officer must state the particulars, and the outcome, of those applications in the information.
 (6) A Magistrate of New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory.
 (7) A Magistrate of a State or internal Territory may:
 (a) issue a warrant in relation to premises or a person in that State or Territory; or
 (b) issue a warrant in relation to premises or a person in an external Territory; or
 (c) issue a warrant in relation to premises or a person in another State or internal Territory (including the Jervis Bay Territory) if the Magistrate is satisfied that there are special circumstances that make the issue of the warrant appropriate; or
 (d) issue a warrant in relation to a person wherever the person is in Australia or in an external Territory if the Magistrate is satisfied that it is not possible to predict where the person may be.