Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101x:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101X (pt 1/3)
Character Range: 326636–329248

101X  Search warrants
 (1) Where an information on oath or affirmation is laid before an authorized officer alleging that there are reasonable grounds for suspecting that a thing of a particular kind connected with a particular service offence may be found on a defence member or defence civilian, or in clothing being worn by, or property under the immediate control of, a defence member or defence civilian, and the information sets out those grounds, the authorized officer may issue a search warrant authorizing an investigating officer named in the warrant, with such assistance as he or she thinks necessary and if necessary by force:
 (a) to search the defence member or defence civilian, as the case may be, and clothing being worn by, and property under the immediate control of, the defence member or defence civilian, as the case may be, for things of that kind; and
 (b) to seize any thing of that kind found in the course of the search that he or she believes on reasonable grounds to be connected with the service offence.
 (2) Where an information on oath or affirmation is laid before an authorized officer alleging that there are reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, upon any land or upon or in any premises, ship, aircraft or vehicle, a thing of a particular kind connected with a particular service offence, and the information sets out those grounds, the authorized officer may issue a search warrant authorizing an investigating officer named in the warrant, with such assistance as he or she thinks necessary and if necessary by force:
 (a) to enter upon the land or upon or into the premises, ship, aircraft or vehicle, as the case may be;
 (b) to search the land, premises, ship, aircraft or vehicle, as the case may be, for things of that kind; and
 (c) to seize any thing of that kind found in the course of the search that he or she believes on reasonable grounds to be connected with the service offence.
 (3) An authorized officer shall not issue a warrant under subsection (1) or (2) unless:
 (a) the informant or some other person has given to the authorized officer, either orally or by affidavit, such further information (if any) as the authorized officer requires concerning the grounds on which the issue of the warrant is being sought; and
 (b) the authorized officer is satisfied that there are reasonable grounds for issuing the warrant.
 (4) There shall be stated in a warrant issued under this section:
 (a) in the case of a warrant issued under subsection (1):
 (i) a statement of the purpose for which