Document ID: chunk:federal_register_of_legislation:F2024C00348:schedule:2:p1
Version: federal_register_of_legislation:F2024C00348
Segment Type: schedule
Provision Reference: sch 2 (pt 1/2)
Character Range: 27553–30451

Schedule 2

1. The special ACIC *[operation] *[investigation] is (insert description of the special ACIC operation/investigation).

2. The federally relevant criminal activity that is the subject of the ACIC special *[operation] *[investigation] is (insert description of the federally relevant criminal activity, specifying the relevant crime to which the activity relates).

3. The ACIC is conducting a special *[operation] *[investigation], in accordance with a determination by the Board of the ACIC under paragraph 7C(1)(d) of the Australian Crime Commission Act 2002 that the *[intelligence operation] *[investigation into matters relating to federally relevant criminal activity] is a special *[operation] *[investigation]. The determination of the Board is (insert details of the determination of the Board).

*Omit if inapplicable

Form 2—Warrant under section 31 of the Act

COMMONWEALTH OF AUSTRALIA

Australian Crime Commission Act 2002

WARRANT UNDER SECTION 31

TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the Police Force of the (insert name of State, as case requires)] *[any other person]:

On the basis of:
 (a) the application made by *[(insert full name of applicant)], an examiner appointed under subsection 46B(1) of the Australian Crime Commission Act 2002 (the examiner), in this matter; and
 (b) my satisfaction by evidence on oath or affirmation that there are reasonable grounds to believe that (insert full name and address of person to be apprehended):

       *[who has been ordered, under section 24 of the Australian Crime Commission Act 2002, to deliver *[his] *[her] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;]

       *[in relation to whom a summons has been issued under subsection 28(1) of the Australian Crime Commission Act 2002:
 (i) has absconded or is likely to abscond; or
 (ii) is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;]

       *[has committed an offence under subsection 30(1) of the Australian Crime Commission Act 2002, or is likely to do so;]

I, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the Australian Crime Commission Act 2002, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory, using no more force than is reasonably necessary for the execution of this warrant:
 (c) if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and
 (d) to apprehend (insert full name of person to be apprehended):

to bring *[him] *[her], as soon as practicable, before a Judge of the Federal Court or the