Document ID: chunk:federal_register_of_legislation:F2018C00855:reg:10:p4
Version: federal_register_of_legislation:F2018C00855
Segment Type: reg
Provision Reference: reg 10 (pt 4/14)
Character Range: 15848–18821

AUSTRALIA

International War Crimes Tribunals Act 1995

NOTICE UNDER SECTION 13 TO ORDER RELEASE FROM REMAND

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

On the basis of:
      (a) my having become aware that (insert name of person), a person arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995 has been remanded *[in custody]*[on bail] by a magistrate under section 12 of the Act; and
      *(b) my being satisfied that a request will not be received from (insert name of International War Crimes Tribunal) that would oblige me to issue a notice under section 9 of that Act;
      *(b) my considering that the remand should cease;

I, ............................................................................ , Attorney‑General of the Commonwealth of Australia, direct you under section 13 of the International War Crimes Tribunals Act 1995 to order the *[release of (insert name of person) from custody]*[discharge of the recognisances on which bail was granted to (insert name of person)].

Dated .

Attorney‑General

*Omit if inapplicable.

Form 8
(regulation 5)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 15 (1) FOR WARRANT TO SEARCH PREMISES

TO (insert name and designation of magistrate), a magistrate within the meaning of the International War Crimes Tribunals Act 1995:

I, (insert name and designation of police officer), a police officer within the meaning of the International War Crimes Tribunals Act 1995:
      (a) being aware that (insert name of person) has been arrested under a warrant issued under section 10 of the International War Crimes Tribunals Act 1995; and
      (b) having reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within *[48 hours (in the case of an application by telephone, fax or other electronic means)]*[72 hours (in the case of any other application)] will be, *[on]*[in]*[at] premises, being (insert address or description of premises);
by information on *[oath]*[affirmation]:
      (c) set out under subsection 15 (1) of that Act the following grounds for that suspicion:
      (insert statement of grounds for suspicion); and
      *(d) set out under subsection 47 (4) of the Act the following grounds for suspecting that use of firearms will be necessary to execute the warrant:
      (insert statement of grounds for suspicion); and
      *(e) state under subsection 47 (5) of the Act that I am a member or special member of the Australian Federal Police and have previously applied for a warrant relating to these premises the particulars, including the outcome of any application, of which are as follows:
      (insert particulars of any previous application and its outcome); and
      (f) apply for the issue of