Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p9
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 9/27)
Character Range: 21768–24680

person, means a vehicle that the person has operated or occupied at any time within 24 hours before the search commenced.

53 Subsection 3(1)

    Insert:

       relevant investigation, in relation to a search warrant issued under Division 2 of Part VIIA, means the investigation to which the evidential material authorised to be searched and seized under the warrant relates.

54 Subsection 3(1)

    Insert:

       relevant proceeding, in relation to a search warrant issued under Division 2 of Part VIIA, means the proceeding to which the evidential material authorised to be searched and seized under the warrant relates.

55 Subsection 3(1)

    Insert:

       search warrant means a warrant issued under section 38C.

56 Subsection 3(1)

    Insert:

       seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.

57 Subsection 3(1)

    Insert:

       strip search means a search of a person or of articles in the possession of a person that may include:

        (a) requiring the person to remove all of his or her clothes; and

          (b) an examination of the person's body (but not of the person's body cavities) and of those clothes.

58 Subsection 3(1)

    Insert:

       vehicle includes any means of transport.

59 Before Part VIII

       Insert:

Part VIIA—Search, seizure and powers of arrest

Division 1—General

38A Object of Part

      This Part makes provision:

        (a) for the issue and execution in Australia, at the request of a foreign country, of a search warrant in respect of evidential material in Australia relating to an investigation or proceeding in the foreign country that relates to a criminal matter involving a serious offence; and

        (b) for matters relating to the arrest of a person when the arrest has been authorised by this Act or by a warrant issued under the regulations.

Division 2—Issue of search warrants

38B Application for search warrant

      (1) This section applies if a police officer has been authorised under subsection 15(1) to apply for a search warrant in respect of evidential material relating to an investigation or proceeding in a foreign country that relates to a criminal matter involving a serious offence.

      (2) If the police officer has reasonable grounds for suspecting that the evidential material:

(a) is on any particular premises; or

(b) will, within the applicable period, be on any particular premises;

      the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a warrant to search those premises for the evidential material.

      Note: For applicable period see subsection (4).

      (3) If the police officer has reasonable grounds for suspecting that a person:

(a) is in possession of the evidential material; or

(b) will, within the applicable period, be