Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p2
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 3000–5732

privilege not affected
       3ZY. Laws relating to taking forensic samples not affected
  5. Repeals
  6. Amendments of other Acts

SCHEDULE

AMENDMENTS OF ACTS

Crimes (Search Warrants and Powers of
Arrest) Amendment Act 1994

No. 65 of 1994

An Act to amend the Crimes Act 1914, and for related
purposes

[Assented to 30 May 1994]

  The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Crimes (Search Warrants and Powers of Arrest) Amendment Act 1994.

  (2) In this Act, "Principal Act" means the Crimes Act 19141.

Commencement

  2.(1) This Act commences on a day to be fixed by Proclamation.

(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

Interpretation

3. Section 3 of the Principal Act is amended by inserting in the definition of "constable" in subsection (1) "or police service" after "police force".

  4.  After Part 1 of the Principal Act the following Part is inserted:

"PART 1AA—SEARCH WARRANTS AND POWERS OF ARREST

"Division 1—Preliminary

Interpretation

  "3C.(1) In this Part, unless the contrary intention appears:

'constable assisting', in relation to a warrant, means:

    (a) a person who is a constable and who is assisting in executing the warrant; or

    (b) a person who is not a constable and who has been authorised by the relevant executing officer to assist in executing the warrant;

'evidential material' means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form;

'executing officer', in relation to a warrant, means:

    (a) the constable named in the warrant by the issuing officer as being responsible for executing the warrant; or

    (b) if that constable does not intend to be present at the execution of the warrant—another constable whose name has been written in the warrant by the constable so named; or

    (c) another constable whose name has been written in the warrant by the constable last named in the warrant;

'frisk search' means:

    (a) a search of a person conducted by quickly running the hands over the person's outer garments; and

    (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person;

'issuing officer', in relation to a warrant to search premises or a person or a warrant for arrest under this Part, means:

  (a) a magistrate; or

    (b) a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants or warrants for arrest, as the case