CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL OFFENCES) REGULATIONS 1987

NORTHERN TERRITORY OF AUSTRALIA CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL OFFENCES) REGULATIONS 1987 As in force at 1 May 2016 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Forms of search warrant .................................................................. 1 4 Form of notice of seizure ................................................................. 1 Schedule ENDNOTES -- 1 of 9 -- -- 2 of 9 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 May 2016 ____________________ CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL OFFENCES) REGULATIONS 1987 Regulations under the Criminal Investigation (Extra-territorial Offences) Act 1985 1 Citation These Regulations may be cited as the Criminal Investigation (Extra-territorial Offences) Regulations 1987. 2 Commencement These Regulations shall come into operation 14 days after notification in the Gazette. 3 Forms of search warrant (1) Where an application for the issue of a search warrant has been made personally, a search warrant issued shall be in accordance with Form 1 in the Schedule. (2) Where an application for the issue of a search warrant has been made by telephone, a search warrant issued shall be in accordance with Form 2 in the Schedule. 4 Form of notice of seizure Where in the execution of a search warrant objects have been seized and removed, notice of the seizure and removal shall be given in accordance with Form 3 in the Schedule. -- 3 of 9 -- Schedule Criminal Investigation (Extra-territorial Offences) Regulations 1987 2 Schedule FORM 1 regulation 3(1) Criminal Investigation (Extra-territorial Offences) Act 1985 SEARCH WARRANT (upon application made personally) 1. I, ...................................., a Local Court Judge, have received an application, made personally and verified by affidavit, for the issue of a search warrant under section 4 of the Criminal Investigation (Extra-territorial Offences) Act 1985 from ..................................... (name) .........................…… (rank) ....................... (number), a member of the Police Force. 2. After considering the application, I am satisfied that there are reasonable grounds to believe: (a) that an offence to which the Act applies has been or is intended to be committed; and (b) there are objects relevant to the investigation of that offence, namely: ………………………………………………………...… ……………………………………………………………………... *(i) in or on the premises at ................................................... ..................………………………………………………….. *(ii) on the person of ...........................………………………… and accordingly I authorise a member of the Police Force, with such assistance as the member thinks necessary: *(c) to enter the premises described in clause 2(b) above and search those premises and anything in or on those premises; *(d) to search the person referred to in clause 2(b) above. This warrant shall expire at the expiration of 28 days from its date. Dated 19 . ....……......................... Signature of Local Court Judge * Strike out if inapplicable. -- 4 of 9 -- Schedule Criminal Investigation (Extra-territorial Offences) Regulations 1987 3 NOTE: Section 6(3) of the Act authorises a member of the Police Force executing this warrant to seize and remove any object that he believes, on reasonable grounds, to be relevant to the investigation of the offence referred to in clause 2(a) of this warrant. -- 5 of 9 -- Schedule Criminal Investigation (Extra-territorial Offences) Regulations 1987 4 FORM 2 regulation 3(2) Criminal Investigation (Extra-territorial Offences) Act 1985 SEARCH WARRANT (upon application by telephone) 1. I, ..............................................., a Local Court Judge, have received an application by telephone for the issue of a search warrant under section 4 of the Criminal Investigation (Extra-territorial Offences) Act 1985 from ............……........…………………..... (name) ………………….................. (rank) .................... (number), a member of the Police Force. 2. After considering the information furnished by the applicant I am satisfied that there are reasonable grounds to believe: (a) that an offence to which the Act applies has been or is intended to be committed; and (b) there are objects relevant to the investigation of that offence, namely: ...........................……….............................................. .............................................. *(i) in or on the premises at ..……………………..................... .............................................……………………………….. *(ii) on the person of ..............................……………………… and accordingly I authorise a member of the Police Force, with such assistance as the member thinks necessary: *(c) to enter the premises described in clause 2(b) above and search those premises and anything in or on those premises; *(d) to search the person referred to in clause 2(b) above. 3. Being satisfied there are proper grounds for the issue of a search warrant, I have informed the applicant of the facts on which I rely for the issue of the warrant and the applicant has undertaken to make an affidavit verifying those facts. 4. The facts on which I rely as grounds for the issue of the warrant are: ...............................................................…………………………………………… ...............................................................…………………………………………… ...............................................................…………………………………………… ...............................................................…………………………………………… -- 6 of 9 -- Schedule Criminal Investigation (Extra-territorial Offences) Regulations 1987 5 This warrant shall expire at the expiration of 14 days from its date. Dated 19 . ....…......................……. Signature of Local Court Judge * Strike out if inapplicable. NOTE: Section 6(3) of the Act authorises a member of the Police Force executing this warrant to seize and remove any object that he believes, on reasonable grounds, to be relevant to the investigation of the offence referred to in clause 2(a) of this warrant. -- 7 of 9 -- Schedule Criminal Investigation (Extra-territorial Offences) Regulations 1987 6 FORM 3 regulation 4 Criminal Investigation (Extra-territorial Offences) Act 1985 NOTICE OF SEIZURE I, (1) ............................................., (2) ..........................................., a member of the Police Force, have seized and removed the following objects: (3) ...............................................………….............................................. ...................................................…………………………………………… ……………………......................................…………….........................… (4) *(a) from the premises at ..................................................................... *(b) from the person of ............................. under the authority of a search warrant issued by (5) ........................... on (6) ................... ....……...................... Signature of member (1) Name of member; (2) Rank and number of member; (3) Description of objects seized; (4) Description of premises or person; (5) Name of Local Court Judge; (6) Date of issue of warrant. * Strike out what is inapplicable. -- 8 of 9 -- ENDNOTES Criminal Investigation (Extra-territorial Offences) Regulations 1987 7 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Criminal Investigation (Extra-Territorial Offences) Regulations (SL No. 22, 1987) Notified 20 May 1987 Commenced 4 June 1987 (r 2) Amendment of the Criminal Investigation (Extra-Territorial Offences) Regulations (SL No. 33, 1991) Notified 10 July 1991 Commenced 10 July 1991 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: r 1 and sch. 4 LIST OF AMENDMENTS sch amd No. 33, 1991; Act No. 8, 2016, s 45 -- 9 of 9 --