Crimes (Search Warrant) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Crimes (Search Warrant) Regulations 2014 S.R. No. 137/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Form of search warrant 2 __________________ SCHEDULE—Search Warrant 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 137/2014 Crimes Act 1958 Crimes (Search Warrant) Regulations 2014 The Governor in Council makes the following Regulations: Dated: 23 September 2014 Responsible Minister: ROBERT CLARK Attorney-General YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe a form of search warrant for the purposes of section 465 of the Crimes Act 1958. 2 Authorising provision These Regulations are made under section 465(4) of the Crimes Act 1958. 3 Commencement These Regulations come into operation on 15 November 2014. 4 Revocation (1) The Crimes (Search Warrant) Regulations 20041 are revoked. (2) The Crimes (Search Warrant) Amendment Regulations 2009 2 are revoked. -- 2 of 6 -- S.R. No. 137/2014 Crimes (Search Warrant) Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 5 Form of search warrant A warrant issued by a magistrate under section 465 of the Crimes Act 1958 must be in the form in the Schedule. __________________ r. 5 -- 3 of 6 -- S.R. No. 137/2014 Crimes (Search Warrant) Regulations 2014 3 Authorised by the Chief Parliamentary Counsel SCHEDULE Regulation 5 SEARCH WARRANT Crimes Act 1958—section 465 Court ref: Name and description of thing: [Insert relevant details] * Building, receptacle or place where search will be conducted for thing: [Set out full address of premises to be searched] * Vehicle located in a public place where search will be conducted for thing: [Set out identifying details of vehicle to be searched] Reasons for search or description of suspected offence: [Insert reasons or description] This warrant authorises: [Name, Rank and No.] of [Agency and Address] Or all police officers: y to break, enter and search any *building, receptacle or place/*specified vehicle located in a public place named or described in this warrant for any thing of any kind described in this warrant; AND y to bring the thing before the Court so that the matter may be dealt with according to law; AND y to arrest any person apparently having possession, custody or control of the thing. Sch. -- 4 of 6 -- S.R. No. 137/2014 Crimes (Search Warrant) Regulations 2014 4 Authorised by the Chief Parliamentary Counsel *I am satisfied that there are reasonable grounds that the thing namely: is tainted property within the meaning of the Confiscation Act 1997 and I direct that the applicant hold or retain the thing as if it were tainted property seized under section 79 of the Confiscation Act 1997 as and from the date when the property is no longer required for evidentiary purposes under the Crimes Act 1958. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– If a person is arrested You must cause any person apparently having possession, custody or control of any thing described in this warrant when arrested: † to be brought before a bail justice or the Court within a reasonable time of being arrested to be dealt with according to law; OR † to be released on bail in accordance with the endorsement on this warrant. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *ENDORSEMENT OF BAIL Any person arrested under this warrant must be released upon entering an undertaking of bail to appear at the Magistrates' Court at: [place] on the following conditions: ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– This warrant is authorised by section 465 of the Crimes Act 1958. Given under my hand at: [place] at [time] * am/pm on [date] Signature: Magistrate: [name] *Strike out words which are not applicable ═══════════════ Sch. -- 5 of 6 -- S.R. No. 137/2014 Crimes (Search Warrant) Regulations 2014 5 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(1): S.R. No. 141/2004 as amended by S.R. No. 102/2009. 2 Reg. 4(2): S.R. No. 102/2009. Endnotes -- 6 of 6 --