Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p4
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 7901–10523

This Part does not apply to offences against the laws of the Australian Capital Territory.

"(4) This Part is not intended to limit or exclude the operation of a law of another Territory relating to:

  (a) the search of persons or premises; or

  (b) arrest and related matters; or

  (c) the stopping, detaining or searching of conveyances; or

  (d) the seizure of things;

in relation to offences against a law of that Territory.

"(5) This Part does not apply to the exercise by a constable of powers under the Defence Force Discipline Act 1982.

"Division 2—Search warrants

When search warrants can be issued

"3E.(1) An issuing officer may issue a warrant to search premises if the officer is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.

"(2) An issuing officer may issue a warrant authorising an ordinary search or a frisk search of a person if the officer is satisfied by information on oath that there are reasonable grounds for suspecting that the person has in his or her possession, or will within the next 72 hours have in his or her possession, any evidential material.

"(3) If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person must state that suspicion, and the grounds for that suspicion, in the information.

"(4) If the person applying for the warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises the person must state particulars of those applications and their outcome in the information.

"(5) If an issuing officer issues a warrant, the officer is to state in the warrant:

  (a) the offence to which the warrant relates; and

    (b) a description of the premises to which the warrant relates or the name or description of the person to whom it relates; and

    (c) the kinds of evidential material that are to be searched for under the warrant; and

    (d) the name of the constable who, unless he or she inserts the name of another constable in the warrant, is to be responsible for executing the warrant; and

    (e) the period for which the warrant remains in force, which must not be more than 7 days; and

    (f) whether the warrant may be executed at any time or only during particular hours.

"(6) The issuing officer is also to state, in a warrant in relation to premises:

    (a) that the warrant authorises the seizure of a thing (other than evidential