Supreme Court (Chapter VI Amendment No. 4) Rules 2003

Victorian Legislation and Parliamentary Documents i Supreme Court (Chapter VI Amendment No. 4) Rules 2003 S.R. No. 108/2003 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment to Witness Protection Rules 2 9.03 Application 2 6. New Order 11 2 ORDER 11—TERRORISM (COMMUNITY PROTECTION) RULES 2 11.01 Definition 2 11.02 Application of Order 2 11.03 Form of application to Court 2 11.04 Filing of documents 2 11.05 Form of warrant 3 7. Amendment to Form 6–9A 3 8. New forms of application and warrant 3 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 108/2003 Supreme Court Act 1986 Interpretation of Legislation Act 1984 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to make provision for applications and covert search warrants under the Terrorism (Community Protection) Act 2003 and to substitute a new Rule 9.03 of the Principal Rules. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986, section 50 of the Interpretation of Legislation Act 1984 and all other enabling powers. 3. Commencement (1) These Rules (apart from Rules 6 and 8) come into operation on the day on which they are made. (2) Rules 6 and 8 come into operation on the day on which section 5 of the Terrorism (Community Protection) Act 2003 comes into operation. 4. Principal Rules In these Rules, the Supreme Court (Criminal Procedure) Rules 19981 are called the Principal Rules. -- 2 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 2 5. Amendment to Witness Protection Rules For Rule 9.03 of the Principal Rules substitute— "9.03 Application An application under section 6 of the Act shall be— (a) in Form 6–9A, with any necessary modification; and (b) accompanied by an affidavit or affidavits in support of the application.". 6. New Order 11 After Order 10 to the Principal Rules insert— 'ORDER 11—TERRORISM (COMMUNITY PROTECTION) RULES 11.01 Definition In this Order— "the Act" means the Terrorism (Community Protection) Act 2003. 11.02 Application of Order This Order applies to a proceeding in the Court under Part 2 of the Act. 11.03 Form of application to Court An application to the Court under section 6(1) of the Act for the issue of a covert search warrant may be in Form 6–11A. 11.04 Filing of documents Unless the Court otherwise orders, an application and any affidavit in support shall— r. 5 -- 3 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 3 (a) be filed before the application is made with the Associate to the Judge from whom the warrant is sought; and (b) not be available for inspection by any person. 11.05 Form of warrant A covert search warrant shall be in Form 6–11B.'. 7. Amendment to Form 6–9A In Form 6–9A to the Principal Rules for the words and expressions commencing "I, [name]" and ending "is proposed]." substitute— "I, [name ], being the Chief Commissioner of Police for Victoria HEREBY APPLY, pursuant to section 6 of the Witness Protection Act 1991, for an order authorizing [name of member of police force], [rank of member of police force] of Police of [name of station or address of premises at which member works] to make a new entry in the register of births or register of marriages maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996 in respect of [name of participant or name of participant and specified members of the family of the participant].". 8. New forms of application and warrant After Form 6–10B to the Principal Rules insert— 'Rule 11.03 FORM 6–11A IN THE SUPREME COURT OF VICTORIA IN THE MATTER of Part 2 of the Terrorism (Community Protection) Act 2003 and IN THE MATTER of an application for a covert search warrant. APPLICATION FOR COVERT SEARCH WARRANT I, [name], [rank/position] of the police force of Victoria of [name of station or address of premises at which member works] with the approval of *the Chief Commissioner/*a Deputy Commissioner *an Assistant r. 7 -- 4 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 4 Commissioner apply under Part 2 of the Terrorism (Community Protection) Act 2003 for the issue of a covert search warrant in respect of premises at: [insert address or location of any premises sought to be entered and searched]. I *suspect/*believe on reasonable grounds that— (a) a terrorist act has been, is being, or is likely to be, committed; and (b) the entry and search of the premises would substantially assist in preventing or responding to that terrorist act or suspected terrorist act; and (c) it is necessary for that entry and search to be conducted without the knowledge of any occupier of the premises. THIS APPLICATION is made upon the following grounds—[insert] *I RELY upon the acts, facts, matters and circumstances set out in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application. OR *THIS APPLICATION is made in urgent circumstances and I consider it necessary to apply for the immediate issue of a covert search warrant by telephone. I rely upon the unsworn affidavit of [name] that was transmitted to the Court by facsimile on [date]. [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *delete if inapplicable _______________ r. 8 -- 5 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 5 Rule 11.05 FORM 6–11B IN THE SUPREME COURT OF VICTORIA IN THE MATTER of Part 2 of the Terrorism (Community Protection) Act 2003 and IN THE MATTER of an application for a covert search warrant. COVERT SEARCH WARRANT THIS WARRANT is issued under Part 2 of the Terrorism (Community Protection) Act 2003 ("the Act") by the Supreme Court of Victoria upon the application of [name of member of the police force of Victoria making the application for the warrant], ("the applicant") [rank/position of officer], of the police force of Victoria at [name of station/address of premises at which officer works]. THIS WARRANT relates to premises at [insert address or location of any premises sought to be entered and searched] ("the premises") and to premises at [insert address] which adjoin or provide access to the premises. *THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of each affidavit relied upon by the applicant] and THE COURT WAS SATISFIED that there were reasonable grounds for the suspicion or belief founding the application for the warrant. THIS WARRANT is issued for the purpose of assisting in the prevention of, or response to the following terrorist act or suspected terrorist act—[insert description]. THIS WARRANT is in force for [insert a number not to exceed 30] days from the date of issue and authorises the applicant [and, if relevant, name of or a description of any other person] to enter the premises *once only/*[insert number] times. *The names of the occupiers of the premises are */known as [insert]*/not known. *The following is the name or description of the kind of thing to be searched for, seized, copied, photographed, recorded, operated, printed, tested or sampled—[set out name or description etc.]. *THIS WARRANT is subject to the following conditions—[set out conditions]. r. 8 -- 6 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 6 THIS WARRANT AUTHORISES the applicant, together with [name of or a description of any other person] and with any necessary equipment to enter, by force or impersonation if necessary— (a) the premises at [insert address]; *(b) and the premises at [address] adjoining or providing access to those premises— for the following purposes— *(i) to search the premises for [name or description of kind of thing]; *(ii) to seize [name or description of kind of thing]; *(iii) to place any thing of that kind on the premises in substitution for a thing seized under paragraph (ii); *(iv) to copy, photograph or otherwise record a [description of kind of thing]; *(v) to operate any electronic equipment that is on the premises and copy, print or otherwise record information from that equipment; *(vi) to test, or take and keep a sample of [description of kind of thing]. Date of issue: [Signature of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if not applicable'. _______________ r. 8 -- 7 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 7 Dated: 25 September 2003 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. W. F. ORMISTON, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. G. M. EAMES, J.A. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. T. H. SMITH, J. DAVID ASHLEY, J. DAVID BYRNE, J. H. R. HANSEN, J. PHILIP MANDIE, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. JULIE DODDS-STREETON, J. R. F. REDLICH, J. K. WILLIAMS, J. ═══════════════ r. 8 -- 8 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 8 ENDNOTES 1 Rule 4: S.R. No. 33/1998. Reprint (No. 1) incorporating amendments as at 20 April 2000. Endnotes -- 9 of 9 --