Crime and Corruption Regulation 2015

This regulation may be cited as the Crime and Corruption Regulation 2015.

This regulation commences on 1 September 2015.

For section 86(4)(c) of the Act, the information about any search warrants issued within the previous year that must be included in a search warrant application is as follows—

when and where the warrant was issued, and the court that issued it;

the type of major crime or corruption or the confiscation related activity or the qualifying offence or suspected qualifying offence for which the warrant was issued;

whether any evidence was seized under the warrant;

whether a proceeding was started because of a search under the search warrant.

For section 121(4)(c) of the Act, the information about any warrants issued within the previous year that must be included in a surveillance warrant application is as follows—

the type of warrant;

when and where the warrant was issued, and the court that issued it;

how long the warrant was in force;

whether the warrant related to a person or a place;

the type of major crime or corruption or the confiscation related activity or the qualifying offence or suspected qualifying offence for which the warrant was issued;

if the warrant was a search warrant or a covert search warrant—

any evidence seized under the warrant; and

whether a proceeding was started because of a search under the warrant; and

how the search helped in any investigation;

if the warrant was a surveillance warrant—

whether a proceeding was started because of the use of a surveillance device under the warrant; and

how any surveillance under the warrant helped in any investigation.

For section 148(3)(d) of the Act, the information about any warrants issued within the previous year that must be included in a covert search warrant application is as follows—

the type of warrant;

when and where the warrant was issued, and the court that issued it;

how long the warrant was in force;

whether the warrant related to a person or a place;

the type of major crime or corruption or the confiscation related activity or the qualifying offence or suspected qualifying offence for which the warrant was issued;

if the warrant was a search warrant or a covert search warrant—

any evidence seized under the warrant; and

whether a proceeding was started because of a search under the warrant; and

how the search helped in any investigation;

if the warrant was a surveillance warrant—

whether a proceeding was started because of the use of a surveillance device under the warrant; and

how any surveillance under the warrant helped in any investigation.

A report under section 156(1) of the Act on the exercise of the powers under a covert search warrant must state the following—

the name of the person who prepared the report and, if the person is a police officer, the officer’s rank and registered number;

if and when powers were exercised under the warrant;

the facts and circumstances of compliance with the warrant and its conditions;

particulars of anything seized, photographed, inspected or tested under the warrant;

a description of any order sought in relation to anything seized or photographed under the warrant and the reason for the order.

For section 119C(2)(b)(ii) of the Act, the information about any monitoring orders issued within the previous year that must be included in an application for a monitoring order is as follows—

when and where the order was issued;

how long the order was in force;

the type of serious crime related activity or serious crime derived property to which the order relates;

how the order helped in the investigation or another investigation;

whether a proceeding was started because of the use of the order.

The application must also state the following information—

the applicant’s name and, if the applicant is a police officer, the officer’s rank and registered number;

the person about whom the application is made (the named person);

the name of the financial institution;

the serious crime related activity or serious crime derived property to which the application relates;

the information or evidence relied on to support a reasonable suspicion that the named person—

has been, or is about to be, involved in a serious crime related activity; or

has acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property;

the name or names in which each relevant account with the financial institution is believed to be held;

the type of information the financial institution is to be required to give.

For section 119I(2)(b)(ii) of the Act, the information about any suspension orders issued within the previous year that must be included in an application for a suspension order is as follows—

when and where the order was issued;

how long the order was in force;

the type of serious crime related activity or serious crime derived property to which the order relates;

how the order helped in the investigation or another investigation;

whether a proceeding was started because of the use of the order.

The application must also state the following information—

the applicant’s name and, if the applicant is a police officer, the officer’s rank and registered number;

the person about whom the application is made (the named person);

the name of the financial institution;

the serious crime related activity or serious crime derived property to which the application relates;

the information or evidence relied on to support a reasonable suspicion that the named person—

has been, or is about to be, involved in a serious crime related activity; or

has acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property;

the name or names in which each relevant account with the financial institution is believed to be held;

the type of information the financial institution is to be required to give.

This part prescribes information for section 166(6) of the Act.

For an application for a search warrant, the information is as follows—

when and where the application was made;

if known, the name of the person suspected of being involved in the major crime or corruption or the confiscation related activity or the qualifying offence or suspected qualifying offence to which the application relates;

the type of major crime or corruption or the confiscation related activity or the qualifying offence or suspected qualifying offence to which the application relates;

whether or not the warrant was issued;

if the warrant was issued—

when and where it was issued, and the court that issued it; and

how long the warrant was in force; and

the benefits derived from exercising powers under the warrant; and

Examples of benefits derived from exercising powers under a search warrant—

• evidence seized under the warrant

• a proceeding started because of a search under the warrant

information about the return, destruction or disposal of any evidence seized under the warrant.

For an application for a surveillance warrant, the information is as follows—

when and where the application was made;

if known, the name of the person the chairman reasonably believes has been, or is likely to be, involved in corruption being investigated by the commission;

a description of the place mentioned in the application;

the type of corruption to which the application relates;

whether or not the warrant was issued;

if the warrant was issued—

when and where it was issued, and the court that issued it; and

how long the warrant was in force; and

the benefits derived from exercising powers under the warrant; and

Examples of benefits derived from exercising powers under a surveillance warrant—

• a proceeding started because of the use of a surveillance device under the warrant

• a brief description of how using a surveillance device under the warrant helped in the investigation of the corruption

if and when powers were exercised under the warrant; and

if a surveillance device was not installed under the warrant—why it was not installed.

For an application for an extension of a surveillance warrant, the information is as follows—

if and when powers were exercised under the warrant before the application;

if a surveillance device was not installed under the warrant before the application—why it was not installed;

whether or not the warrant was extended;

if the warrant was extended—

the date to which the warrant was extended; and

the benefits derived from exercising powers under the warrant after it was extended.

Note—

See section 11(f)(iii) for examples of benefits derived under a surveillance warrant.