National Crime Authority Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 286 1

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National Crime Authority Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Crime Authority Act 1984.

Dated 11 December 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

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1.   Amendment

1.1   The National Crime Authority Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Schedule 1

2.1   Form 1:

Omit the form, substitute:

“FORM 1

 Regulation 3

COMMONWEALTH OF AUSTRALIA

National Crime Authority Act 1984

SEARCH WARRANT UNDER SECTION 22

TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the Police Force of the (insertname of State, as the case requires)] *[any other person] who is the executing officer in relation to this warrant:

On the basis of:

• (a)

  an application made *[under subsection 22 (1)] *[by telephone under subsection 23 (1)] of the National Crime Authority Act 1984 for the issue of a warrant under section 22 of the Act in relation to:

 *[land situated at (insert address);]

 *[premises situated at (insert address);]

 *[the vessel (insert name) owned by (insert name and address of owner);]

*[the aircraft (insert identifying marks) owned by (insert name and address of owner);]

 *[the vehicle, the registration number of which is (insert registration number of the vehicle), a (insert type of vehicle) that is owned by (insert name and address of owner);] and

• (b)

  information given to me *[by affidavit] *[by affidavit and orally] that there are reasonable grounds for issuing this warrant under section 22 of the National Crime Authority Act 1984 for the purpose of seizing and preventing the concealment, loss, mutilation or destruction of any of the things specified in Schedule 1, that may be in or on the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] on the (insert date of application) and that are connected with *[the matter] *[the matters] relating to a relevant criminal activity specified in Schedule 2, being *[a matter] *[matters] into which the National Crime Authority is conducting a special investigation;

I, (insert full name of Judge), a Judge of (insert name of court), being satisfied that there are reasonable grounds for issuing a warrant, authorise you, with such assistance as you think necessary and with such force as may be reasonably necessary:

• (c)

  *[at any time of the day or night] *[between the hours of ... and ... ] to enter *[on] *[into] the above-mentioned *[land] *[premises] *[vessel] *[aircraft] *[vehicle]; and

• (d)

  to search the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] for things of a relevant kind described in Schedule 1 that are connected with the matter referred to in Schedule 2; and

• (e)

  to seize things of a relevant kind described in Schedule 1 that are connected with the matter referred to in Schedule 2 found *[on] *[in] the *[land] *[premises] *[vessel] *[aircraft] *[vehicle] and to deliver them to the National Crime Authority.

THIS WARRANT ceases to have effect at the end of (insert date that is not later than 1 month after the date of issue of the warrant).

Issued on (insert date of issue).

.................................................................

 (Signature and designation of Judge)

The following statement is to be completed by the Judge issuing the warrant if the warrant is issued on an application made by telephone under section 23 of the National Crime Authority Act 1984:

*This warrant is issued for the following reasons:

(insert the reasons)

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Schedule 1

Insert a description of the particular thing or things, connected with the matter described in Schedule 2, that is, or are, authorised to be seized by the executing officer under this warrant.

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Schedule 2

1. The matter relating to the relevant criminal activity into which the National Crime Authority is conducting a special investigation is (insert description of the matter).

2. The relevant criminal activity into which the Authority is conducting a special investigation is (insert description of the relevant criminal activity, specifying the relevant offence to which the activity relates).

3. The Authority is conducting a special investigation into the relevant criminal activity referred to in paragraph 2 as the result of a reference to the Authority by the Minister under section 13 of the National Crime Authority Act 1984, namely (insert details of the reference to the Authority).

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* Omit if inapplicable.”.

2.2   Form 4:

Omit the form, substitute:

“FORM 4

Regulation 8

 COMMONWEALTH OF AUSTRALIA

National Crime Authority Act 1984

WARRANT UNDER SECTION 31

TO (insert full name of police officer), *[a member of the Australian Federal Police] *[a member of the Police Force of the (insert  name of State, as case requires)] *[any other person]:

On the basis of:

• (a)

  the application made by *[(insert full name of applicant) on behalf of] the National Crime Authority in this matter; and

• (b)

  my satisfaction by evidence on oath that there are reasonable grounds to believe that (insert full name and address of person to beapprehended):

*[who has been ordered, under section 24 of the National Crime Authority Act 1984, to deliver *[his] *[her] passport to the Authority is nevertheless likely to leave  Australia for the purpose of avoiding giving evidence  before the Authority;]

*[in relation to whom a summons has been issued under subsection 28 (1) of the National Crime Authority Act 1984:

• (i)

  has absconded or is likely to abscond; or

• (ii)

  is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;]

*[has committed an offence under subsection 30 (1) of the National Crime Authority Act 1984, or is likely to do so;]

I, (insert full name of Judge), a Judge of (insert name of court), sitting in chambers and acting under section 31 of the National Crimes Authority Act 1984, and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, or any member of the Australian Federal Police or of the Police Force of a State or Territory:

• (a)

  if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and

• (b)

  to apprehend (insert full name of person to be apprehended):

to bring *[him] *[her], as soon as practicable, before a Judge of the Federal Court or the Supreme Court of a State or Territory to be dealt with according to law.

Dated (insert date of issue).

.................................................................

 (Signature and designation of Judge)

* Omit if inapplicable.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 December 1996.

2. Statutory Rules 1984 No. 132 as amended by 1985 No. 3; 1986 No. 29; 1989 No. 138; 1990 Nos. 38 and 270; 1992 Nos. 9 and 280.