Criminal Investigation (Extra-territorial Offences) Regulations 1987 (NT)

Case
No judgment structure available for this case.

NORTHERN TERRITORY OF AUSTRALIA

Criminal Investigation (Extra-territorial Offences) regulations 1987

As in force at 1 May 2016

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif]Citation2Commencement3Forms of search warrant4Form of notice of seizureScheduleENDNOTES northern territory of australia

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

1Citation

These Regulations may be cited as the Criminal Investigation (Extra-territorial Offences) Regulations 1987.

2Commencement

These Regulations shall come into operation 14 days after notification in the Gazette.

3Forms 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.

4Form 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.

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.

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.

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:

...............................................................……………………………………………

...............................................................……………………………………………

...............................................................……………………………………………

...............................................................……………………………………………

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.

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) ...............................................…………..............................................

...................................................……………………………………………

……………………......................................…………….........................…

  • *(a)

    (4)              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.

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

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0