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COMMONWEALTHAct
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s 33

Attorney‑General may authorise applications for search warrants

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Part 4Other forms of assistance to a Tribunal
Division 2Search and seizure

33 Attorney‑General may authorise applications for search warrants

(1)

Subject to subsection (2), if:

(a)

a Tribunal makes a request to the Attorney‑General compliance with which may involve the issue of a search warrant in relation to evidential material; and

(b)

there are reasonable grounds to believe that the material is in Australia;

the Attorney‑General may, in writing, authorise a police officer to apply to a magistrate of the State or Territory in which that material is believed to be located for the search warrant.

(2)

The Attorney‑General must not comply with the request if, in his or her opinion:

(a)

complying with the request would prejudice Australia’s sovereignty, security or national interest; or

(b)

there are special circumstances justifying non‑compliance.

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