Terrorism (Extraordinary Powers) Act 2005

Only an authorised applicant may apply for a covert search warrant.

An application for a covert search warrant must be made to a judge in accordance with section 25.

An application for a covert search warrant must —

state the authorised applicant’s full name, rank and registered number; and

describe the target place or target vehicle; and

state the name of the occupier of the target place, or person in charge of the target vehicle, if it is known; and

state the grounds on which the applicant suspects that a terrorist act or Commonwealth terrorist offence has been, is being, or is about to be, committed, whether in or outside this State; and

state the grounds on which the applicant believes —

that entry to and search of the target place or target vehicle will substantially assist in preventing or investigating the act or offence; and

that the entry and search needs to be carried out without the knowledge of the occupier of the target place or person in charge of the target vehicle;

describe the thing connected to a terrorist act or Commonwealth terrorist offence, or the class of such things, to be searched for in the target place or target vehicle; and

state the grounds on which the applicant suspects that the thing or class of thing sought is a thing connected with the terrorist act or Commonwealth terrorist offence and that it is in the target place or target vehicle; and

if power is sought to enter a place adjoining or near the target place or target vehicle —

describe the place to be entered; and

state why the power is sought;

if power is sought to remove any thing from the target place or target vehicle and replace it with a substitute —

describe the thing; and

state why the power is sought;

if power is sought to re‑enter the target place or target vehicle to return any thing removed from, or to retrieve any thing substituted in, the place or vehicle when it was first entered under the warrant —

describe the thing; and

state why the power is sought;

state whether an application for a covert search warrant for the target place or target vehicle has been made in the previous 3 months and whether it was refused or granted; and

include any other information required by the regulations.

If a covert search warrant for the target place or target vehicle has been issued in the 3 months prior to the application, a copy of it must be attached to the application.