Australian Crime Commission (State Provisions) Regulations 2024

Regulation 7

Search Warrant

Australian Crime Commission (State Provisions) Act 2003

SECTION 29

TO [insert full name of person to whom warrant is issued], *[a member of the Australian Federal Police and member of the staff of the Australian Crime Commission]/*[a police officer]/*[insert position in any other case], who is the executing officer for this warrant:

On the basis of an application made *[under section 29(1)]/*[by telephone under section 30(1)] of the Australian Crime Commission (State Provisions) Act 2003 for the issue of a warrant under section 29 of that Act in relation to—

*land situated at [insert address];

*premises situated at [insert address];

*the vessel [insert name] owned by [insert name and address of owner];

*the aircraft [insert identifying marks] owned by [insert name and address of owner];

*the vehicle, the registration number of which is [insert registration number of the vehicle], a [insert type of vehicle] that is owned by [insert name and address of owner];

I [insert full name of issuing officer], a *Judge of [insert name of court], am satisfied by information given to me *[by affidavit]/*[by affidavit and orally] that there are reasonable grounds for issuing this warrant under section 29 of the Australian Crime Commission (State Provisions) Act 2003 for the purposes of seizing and preventing the concealment, loss, mutilation or destruction of any of the things—

You are authorised, with such assistance as you think necessary and using no more force than is reasonably necessary for the execution of this warrant:

THIS WARRANT ceases to have effect at the end of [insert date that is not later than one month after the date of issue of the warrant].

Issued at: [insert place of issue] on: [insert date of issue]

by: [signature and designation of issuing officer]

(The following statement is to be completed by the issuing officer if the warrant is issued on an application made by telephone under section 30 of the Australian Crime Commission (State Provisions) Act 2003.)

*This warrant is issued for the following reasons: [insert the reasons]

SCHEDULE 1

[Insert a description of the particular thing or things, connected with the special ACC operation/investigation specified in Schedule 2, that is or are authorised to be seized by the executing officer under this warrant.]

SCHEDULE 2

1. The special ACC *operation/*investigation is [insert description of the special ACC operation/investigation].

2. The relevant criminal activity that is the subject of the special ACC *operation/*investigation is [insert description of the relevant criminal activity, specifying the serious and organised crime to which the activity relates].

3. The ACC is conducting a special *operation/*investigation in accordance with a determination by the Board of the ACC under section 8(1)(a) of the Australian Crime Commission (State Provisions) Act 2003 that an *ACC State intelligence operation is a special operation/*ACC State investigation is a special investigation. The determination of the Board is [insert details of the determination of the Board].

*Delete if not applicable

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