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COMMONWEALTHAct
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s 15

Application for search warrants

In force
Part 3Surrender of persons to a Tribunal
Division 1Arrest of persons

15 Application for search warrants

(1)

If:

(a)

a person is arrested under a warrant issued under section 10; and

(b)

a police officer has reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, at any premises;

the police officer may, by an information on oath that sets out the grounds for that suspicion, apply for a search warrant in relation to the premises to search for that material.

(2)

If:

(a)

a person is arrested under a warrant issued under section 10; and

(b)

a police officer has reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, in a person’s possession;

the police officer may, by an information on oath that sets out the grounds for that suspicion, apply for a search warrant in relation to that person to search for that material.

(3)

For the purposes of this section, the applicable period is:

(a)

if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 52‑48 hours; or

(b)

otherwise—72 hours.

Note:

Part 7 deals with search warrants.

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