Document ID: chunk:federal_register_of_legislation:C2024C00612:section:22:p1
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 22 (pt 1/3)
Character Range: 99543–102124

22  Search warrants
 (1) An eligible person may apply to an issuing officer for the issue of a warrant under subsection (2) if:
 (a) the eligible person has reasonable grounds for suspecting that, on a particular day (in this section referred to as the relevant day), being the day on which, or a particular day within one month after the day on which, the application is made, there may be, upon any land or upon or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a special ACC operation/investigation (in this section referred to as things of the relevant kind); and
 (b) the eligible person believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.
 (2) Where an application under subsection (1) is made to an issuing officer, the issuing officer may issue a warrant authorizing a member of the Australian Federal Police or of the Police Force of a State, or any other person, 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, vessel, aircraft or vehicle;
 (b) to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and
 (c) to seize any things of the relevant kind found upon the land or upon or in the premises, vessel, aircraft or vehicle and deliver things so seized to any person participating in the special ACC operation/investigation.
 (3) An issuing officer shall not issue a warrant under subsection (2) unless:
 (a) an affidavit has been furnished to him or her setting out the grounds on which the issue of the warrant is being sought;
 (b) 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; and
 (c) the issuing officer is satisfied that there are reasonable grounds for issuing the warrant.
 (4) Where an issuing officer issues a warrant under subsection (2), he or she shall state on the affidavit furnished to him or her as mentioned in paragraph (3)(a) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds relied on by him or her to justify the issue of the warrant.
 (5) A warrant issued under this section shall:
 (a) include a statement of the purpose for which