Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p10
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 10/27)
Character Range: 24414–27327

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 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.

38C When search warrants may be issued

      (1) If the Magistrate 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 may issue a warrant to search the premises.

      Note: For applicable period see subsection (3).

      (2) If the Magistrate 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 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