Crimes (Search Warrant) Regulations 2023 (Vic)

Version No. 001

Crimes (Search Warrant) Regulations 2023

S.R. No. 75/2023

Version as at

1 August 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Revocations

5Form of search warrant

6Form of report after execution of search warrant

7Form of application for extension of time to allow expert to finish operating electronic equipment

Schedule 1—Forms

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Endnotes

1       General information

2       Table of Amendments

3       Explanatory details

Version No. 001

Crimes (Search Warrant) Regulations 2023

S.R. No. 75/2023

Version as at

1 August 2023

1Objective

The objective of these Regulations is to prescribe—

(a)a form of search warrant for the purposes of section 465 of the Crimes Act 1958; and

(b)a form of report after execution of a search warrant for the purposes of section 465AAC of the Crimes Act 1958; and

(c)a form of an application for extension of time to allow an expert to finish operating electronic equipment under section 465AAAAD of the Crimes Act 1958.

2Authorising provisions

These Regulations are made under sections 465(4) and 585AAA of the Crimes Act 1958.

3Commencement

These Regulations come into operation on 1 August 2023.

4Revocations

(1)The Crimes (Search Warrant) Regulations 2014[1] are revoked.

(2)The Crimes (Search Warrant) Amendment Regulations 2015[2] are revoked.

5Form of search warrant

A warrant issued by a magistrate under section 465 of the Crimes Act 1958 must be in Form 1 in Schedule 1.

6Form of report after execution of search warrant

For the purposes of section 465AAC(3)(b) of the Crimes Act 1958, the prescribed form is Form 2 in Schedule 1.

7Form of application for extension of time to allow expert to finish operating electronic equipment

An application for extension of time to allow an expert to finish operating electronic equipment under section 465AAAAD of the Crimes Act 1958 may be in Form 3 in Schedule 1.

SCHEDULE 1—FORMS

FORM 1

Regulation 5

SEARCH WARRANT

Crimes Act 1958—section 465

Court ref:

Name and description of thing:

[insert relevant details]

Premises which may be searched (warrant premises):

*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 is issued to:

[name, rank and no.]

of

[agency and address].

This warrant is directed to *the officer who is issued this warrant/*all police officers/*[insert name of other person] and authorises any police officer, with the aid of any assistant(s) possessing necessary specialised skills or technical knowledge:

·to break, enter and search the warrant premises for any thing of any kind described in this warrant;

AND

·to break open or unlock any receptacle in or on the warrant premises as is reasonably necessary for conducting a search under the warrant, including taking any action reasonably necessary:

·to determine whether the receptacle is, or contains, a thing that either may be seized or may pose a hazard to a person; or

·to assess or remove any thing in the receptacle that may pose a hazard to a person; or

·to deal with the receptacle or any thing in the receptacle to prevent any hazard or mitigate the risk of any hazard to a person;

AND

·access data held in, or accessible from, a computer or data storage device that—

·is on warrant premises; or

·has been seized under this warrant and is at a place other than warrant premises;

AND

·copy to another data storage device data held in, or accessible from, a computer or data storage device that—

·is on warrant premises; or

·has been seized under this warrant and is at a place other than warrant premises;

AND

·convert into documentary form—

·data held in, or accessible from, a computer or data storage device that—

·is on warrant premises; or

·has been seized under this warrant and is at a place other than warrant premises; or

·data held in a data storage device to which the data was copied;

AND

·to bring onto the warrant premises any equipment, vehicle, animal or material reasonably required to exercise any power under this warrant;

AND

·to do whatever is necessary to secure electronic equipment at the warrant premises for a period not exceeding 24 hours or any extended period under section 465AAAAC(6) of the Crimes Act 1958 and arrange for an expert to attend and operate the equipment where a police officer executing the warrant believes on reasonable grounds that:

·evidentiary material may be accessible by operating the equipment; and

·expert assistance is required to operate the equipment; and

·if action is not taken, the material may be destroyed, altered or otherwise interfered with;

AND

·to move any receptacle to another place for up to 7 business days for examination to determine whether the receptacle is, or contains, a thing that may be seized under the warrant under section 465AAAA of the Crimes Act 1958;

AND

·to hold or retain the thing according to law.

This warrant also authorises any police officers only:

·to arrest any person apparently having possession, custody or control of any thing of any kind named or described in this warrant.

*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.

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If a person is arrested

You must cause any person apparently having possession, custody or control of any thing named or described in this warrant when arrested:

oto be brought before a bail justice or the Court within a reasonable time of being arrested to be dealt with according to law; OR

oto be released on bail in accordance with the endorsement on this warrant.

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*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: [insert conditions]

*Authority to give a direction under section 465AAA(2) of the Crimes Act 1958

*A police officer executing this warrant may direct—

[name of specified person or persons]

of

[address or addresses]

to provide any information or assistance that is reasonable and necessary to allow the police officer to—

·access data held in, or accessible from, a computer or data storage device that—

·is on warrant premises; or

·has been seized under this warrant and is at a place other than warrant premises;

·copy to another data storage device data held in, or accessible from, a computer or data storage device that—

·is on warrant premises; or

·has been seized under this warrant and is at a place other than warrant premises;

·convert into documentary form or another form intelligible to a police officer—

·data held in, or accessible from, a computer or data storage device that—

·is on warrant premises; or

·has been seized under this warrant and is at a place other than warrant premises; or

·data held in a data storage device to which the data was copied in accordance with a direction given by authority of this warrant.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

This warrant is authorised by section 465 of the Crimes Act 1958.

Issued at: [time] *am/*pm on [date] at [place]

Signature: 

Magistrate: [name]

*Delete if not applicable.

FORM 2

Regulation 6

REPORT ON EXECUTION OF SEARCH WARRANT

Crimes Act 1958—section 465AAC(3)(b)

Court ref:

To Registrar at [insert venue nearest to the warrant premises] Magistrates' Court.

I, [insert name, rank, no. and address] being the person to whom the search warrant (a copy of which is attached) was issued, report the following outcome in relation to the warrant—

*o     The warrant was not executed because—

[set out briefly the reasons why the warrant was not executed]

*o     The warrant was executed by—

[insert name, rank, no. and address] at [time] *am/*pm on [date]

The following assistant(s) possessing specialised skills or technical knowledge necessary for exercising a power authorised by the warrant *was/*were directed to assist in its execution—

[insert name and relevant expertise/qualification of assistant(s) if any or "None"]

As a result of the execution of the search warrant—

othe following persons were arrested—

[insert names of persons arrested]

othe following searches were undertaken—

[set out a brief description of any searches undertaken, including whether it was necessary to break into any part of the warrant premises]

othe following receptacles were broken open—

[insert description of each receptacle broken open]

othe following receptacles were unlocked—

[insert description of each receptacle unlocked]

othe following receptacles were destroyed or disposed of—

[insert description of each receptacle destroyed or disposed of]

othe following receptacles were moved to another place—

[insert description of each receptacle moved to another place and the duration for which they were moved]

othe following things were seized—

[insert number and description of each thing seized]

odata held in, or accessible from a computer or data storage device that was *on the warrant premises/*seized under the warrant and was at a place other than the warrant premises was—

oaccessed—

[insert description of computer or data storage device accessed]

ocopied to another data storage device—

[insert description of data storage device the data was copied from/to]

oconverted into documentary form—

[insert description of documentary form data was converted to]

[if insufficient room attach extra page(s)]

Are there any pages attached?

o Yes

o No

*Direction under section 465AAA(2) of the Crimes Act 1958

o The following person(s)—

[name and address of specified person(s)]

*was/*were directed to provide the information and assistance considered reasonable and necessary to allow the following thing(s) to be done during the execution of the warrant—

[list the thing(s) specified under section 465AAA(2) of the Crimes Act 1958 that each person was directed to provide information or assistance regarding, and the reasons why the information or assistance was considered reasonable and necessary].

*Electronic equipment secured and operated by an expert under section 465AAAAC of the Crimes Act 1958

o     The following expert(s)—

[insert name and skill/qualifications]

assisted in operating the following electronic equipment that was secured during the execution of the warrant—

[list and describe electronic equipment and the duration it was secured]

*Application for extension of time to allow expert to finish operating equipment under section 465AAAAD of the Crimes Act 1958

*An application was made to the Magistrates' Court on [insert date] to extend time for electronic equipment to be secured as the police officer believed on reasonable grounds that the expert would not *arrive within 24 hours of the equipment being secured/*finish operating the equipment within 24 hours of arriving.

*The outcome of the application was—

[detail of the outcome of the application]

Under section 465AAB of the Crimes Act 1958, the occupier of the warrant premises [insert name] was informed that a report must be made to the Magistrates' Court about the execution of the warrant and was informed of all the following—

·  the venue of the Magistrates' Court at which the report will be lodged; and

·  the time period in which the report will be lodged; and

· the persons who may be authorised by the Magistrates' Court to inspect the report under section 465AAE of the Crimes Act 1958.

o Yes

o No [set out reasons why the occupier was not informed]

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Date lodged:

Signature:

*Delete if not applicable.

FORM 3

Regulation 7

APPLICATION FOR EXTENSION OF TIME TO ALLOW EXPERT TO FINISH OPERATING EQUIPMENT

Crimes Act 1958—section 465AAAAD

Court ref:

In the Magistrates' Court of

Victoria at [venue]

I, [insert name, rank, no. and address] being the person to whom the search warrant (a copy of which is attached) was issued make an application for an extension of time to allow an expert to finish operating electronic equipment—

Execution of the warrant has been commenced by—

[insert name, rank, no. and address]

at [time] *am/*pm on [date]

The following electronic equipment was secured under section 465AAAAC of the Crimes Act 1958 to enable an expert to operate the equipment:

[list and describe all electronic equipment secured and the date and time it was secured]

The following expert was arranged to operate the electronic equipment—

[name of specified person or persons]

of

[address or addresses]

*I believe on reasonable grounds that the expert will not arrive within 24 hours of the equipment being secured.

[provide reasons as to why the reasonable belief is held]

*I believe on reasonable grounds that the expert will not finish operating the equipment within 24 hours of arriving.

[provide reasons as to why the reasonable belief is held]

An application for an extension of [insert extension sought] *hours/*days is made to allow—

[provide reasons as to why an extension is necessary, including the reason why the extension period sought is required, likelihood that the operating equipment will enable evidentiary material to be accessed, copied or converted into documentary form]

The occupier of the warrant premises, [insert name], was notified of—

o the intention to apply for an extension of the period of time for which electronic equipment is secured; and

o     the occupier's entitlement to be heard in relation to the application.

Date lodged:

Signature of applicant:

*Delete if not applicable.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Crimes (Search Warrant) Regulations 2023, S.R. No. 75/2023 were made on 25 July 2023 by the Lieutenant-Governor, having assumed the administration of the government of the State under section 6B of the Constitution Act 1975, No. 8750/1975, with the advice of the Executive Council, under sections 465(4) and 585AAA of the Crimes Act 1958, No. 6231/1958 and came into operation on 1 August 2023: regulation 3.

The Crimes (Search Warrant) Regulations 2023 will sunset 10 years after the day of making on 25 July 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Crimes (Search Warrant) Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4(1): S.R. No. 137/2014 as amended by S.R. No. 138/2015.

[2] Reg. 4(2): S.R. No. 138/2015.