Application for search warrant
38B Application for search warrant
This section applies if a police officer has been authorised under section 15 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.
If the police officer has reasonable grounds for suspecting that the evidential material:
is on any particular premises; or
will, within the applicable period, be on any particular premises;
the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search those premises for the evidential material.
For applicable period see subsection (4).
If the police officer has reasonable grounds for suspecting that a person:
is in possession of the evidential material; or
will, within the applicable period, be in possession of the evidential material;
the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search that person for the evidential material.
For applicable period see subsection (4).
In this section:
applicable period means:
if the application for the warrant is made by telephone, telex, fax or any other electronic means, as provided by section 38H—48 hours; or
in any other case—72 hours.
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