Applications for suppression orders etc
100 Applications for suppression orders etc
An application for a suppression order on the ground mentioned in paragraph 96(3)(a) may be made by:
the apprehended person; or
a person to whom the warrant was directed; or
a person who satisfies the magistrate or Court that he or she has a special interest in the question whether the suppression order should be made.
An application for a suppression order on the ground mentioned in paragraph 96(3)(b) or (c) may be made by:
a party to the proceeding mentioned in paragraph 96(3)(b); or
a person who is, or is likely to be, a witness in the proceeding; or
a person or body having responsibility or power under a law of the Commonwealth or a State:
to investigate or to bring proceedings in respect of an offence against a law of the Commonwealth or the State; or
to investigate contraventions of a law of the Commonwealth or the State that may give rise to proceedings for the recovery of a pecuniary penalty; or
to bring proceedings under a law of the Commonwealth or the State for the recovery of a pecuniary penalty.
An application for a suppression order on the ground mentioned in paragraph 96(3)(d) or (e) may be made by a person or body having responsibility or power under a law of the Commonwealth or a State:
to investigate or to bring proceedings in respect of an offence against a law of the Commonwealth or the State; or
to investigate contraventions of a law of the Commonwealth or the State that may give rise to proceedings for the recovery of a pecuniary penalty; or
to bring proceedings under a law of the Commonwealth or the State for the recovery of a pecuniary penalty.
An application for a suppression order on the ground mentioned in paragraph 96(3)(f) may be made by the Minister administering the Australian Security Intelligence Organisation Act 1979.
An application for a suppression order on the ground mentioned in paragraph 96(3)(g) may be made by:
a victim of the alleged offence mentioned in that paragraph; or
a parent or guardian of such a victim; or
a person or body having responsibility or power under a law of the Commonwealth or a State to investigate or bring proceedings in respect of an offence against a law of the Commonwealth or the State; or
a person to whom the warrant was directed.
An application for a suppression order on the ground mentioned in paragraph 96(3)(h) may be made by:
the child mentioned in that paragraph; or
a parent or guardian of the child; or
a person or body having responsibility or power under a law of a State to bring proceedings concerning the welfare of a child.
An application for the variation or revocation of a suppression order may be made by:
a person entitled to apply for the suppression order; or
a publishing organisation; or
a person who satisfies the magistrate or court that he or she has a special interest in the question whether the order should be varied or revoked.
A person who may apply for a suppression order, or for the variation or revocation of a suppression order, may make a submission to the magistrate or court on the question whether a suppression order should be made, varied or revoked.
The person may make the submission without being joined as a party to the proceeding or review.
The person may call or give evidence in support of the submission.
The magistrate or court may delay a proceeding or review to allow the submission to be made or evidence to be called or given.
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