Defence and Veterans’ Service Commissioner Act 2026

The Commissioner or an authorised member may apply to an eligible Judge for a search warrant in relation to a special inquiry if:

the Commissioner, or the authorised member, has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with the special inquiry (things of the relevant kind); and

the Commissioner, or the authorised member, believes on reasonable grounds that, if a notice were served under section 31 or 33 for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.

The Commissioner may, in writing, authorise a person, or each person in a class of persons, to be an authorised member for the purposes of this section, if the person, or each person in the class of persons, is:

a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

a member of the police force of a State or Territory; or

a police member (within the meaning of the Defence Force Discipline Act 1982).

If an application is made under subsection (1) to an eligible Judge, the eligible Judge may, if satisfied that there are reasonable grounds for issuing the search warrant, issue a search warrant authorising an authorised person with such assistance as the authorised person thinks necessary, and if necessary by reasonable force:

to enter onto the land or on or into the premises, vessel, aircraft or vehicle; and

to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and

to seize any things of the relevant kind found on the land or in the premises, vessel, aircraft or vehicle and deliver things so seized to the Commissioner.

For authorised person, see subsection (9).

A search warrant issued under this section must include the following information:

a statement of the purpose for which the warrant is issued, which must include a reference to the matter into which the Commissioner is inquiring and with which the things of the relevant kind are connected;

whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;

a description of the land, premises, vessel, aircraft or vehicle to which the warrant relates;

a description of the kind of things authorised to be seized;

a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

If, in the course of searching, in accordance with a search warrant issued under this section, for things of a particular kind connected with the special inquiry, the person executing the warrant finds:

any thing of another kind that the person believes on reasonable grounds to be connected with the special inquiry; or

any thing that the person believes on reasonable grounds to be connected with another special inquiry;

The authorised person must give a copy of a search warrant to a person if:

for a warrant being executed in relation to land or premises—the person:

is the occupier of the land or premises, or another person who apparently represents the occupier; and

is present at the premises when the warrant is being executed; and

for a warrant being executed in relation to a vessel, aircraft or vehicle—the person:

is the owner of the vessel, aircraft or vehicle, or another person who apparently represents the owner of the vessel, aircraft or vehicle; and

is present when the warrant is being executed.

The authorised person must identify themselves to the person at the land, premises, vessel, aircraft or vehicle being searched.

If a thing is seized under subsection (5), the thing may be retained for as long as is reasonably necessary.

For the purposes of this section, an authorised person is a person who is:

a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

a member of the police force of a State or Territory; or

a police member (within the meaning of the Defence Force Discipline Act 1982).