Supreme Court (Chapter Vi Amendment No. 4) Rules 2003 (Vic)

Supreme Court (Chapter VI Amendment No. 4)

Rules 2003

ts	S.R. No. 108/2003
n
e
m
u	TABLE OF PROVISIONS
c

o Rule Page

D	1.	Object	1
ry	2.	Authorising provisions	1
3.	Commencement	1
ta	4.	Principal Rules	1
5.	Amendment to Witness Protection Rules	2
n	9.03	Application	2
e	6.	New Order 11	2
m	ORDER 11—TERRORISM (COMMUNITY
ia	PROTECTION) RULES	2
rl	11.01	Definition	2
a	11.02	Application of Order	2
P	11.03	Form of application to Court	2
11.04	Filing of documents	2
d	11.05	Form of warrant	3
n	7.	Amendment to Form 6–9A	3
a	8.	New forms of application and warrant	3

n ═══════════════

o	ENDNOTES	8
ti
la
is
g
e
L
n
a
ri
to
ic
V

i

STATUTORY RULES 2003

ts	S.R. No. 108/2003
n
e	Supreme Court Act 1986
m	Interpretation of Legislation Act 1984
u
c
o	Supreme Court (Chapter VI Amendment No. 4)

Rules 2003

D

ry	The Judges of the Supreme Court make the following Rules:
ta
n	1. Object
e	The object of these Rules is to make provision for
m	applications and covert search warrants under the
ia	Terrorism (Community Protection) Act 2003
rl	and to substitute a new Rule 9.03 of the Principal
a	Rules.
P

2. Authorising provisions

d

n	These Rules are made under section 25 of the
a	Supreme Court Act 1986, section 50 of the
n	Interpretation of Legislation Act 1984 and all
o
ti	other enabling powers.
la	3. Commencement
is	(1) These Rules (apart from Rules 6 and 8) come into
g	operation on the day on which they are made.
e	(2) Rules 6 and 8 come into operation on the day on
L	which section 5 of the Terrorism (Community
n	Protection) Act 2003 comes into operation.
a
ri	4. Principal Rules
to	In these Rules, the Supreme Court (Criminal
ic	Procedure) Rules 1998 are called the Principal
V	Rules.

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

r. 5

S.R. No. 108/2003

5. Amendment to Witness Protection Rules

For Rule 9.03 of the Principal Rules substitute—

ts	"9.03 Application
n
e	An application under section 6 of the Act shall be—
m
u	(a) in Form 6–9A, with any necessary
c	modification; and
o
D	(b) accompanied by an affidavit or

affidavits in support of the

ry	application.".
ta	6. New Order 11
n
e	After Order 10 to the Principal Rules insert—
m
ia	'ORDER 11—TERRORISM (COMMUNITY
rl	PROTECTION) RULES
a	11.01 Definition
P

In this Order—

d

n	"the Act" means the Terrorism
a	(Community Protection) Act 2003.
n	11.02 Application of Order
o
ti	This Order applies to a proceeding in the
la	Court under Part 2 of the Act.
is	11.03 Form of application to Court
g
e	An application to the Court under section
L	6(1) of the Act for the issue of a covert search warrant may be in Form 6–11A.
n
a	11.04 Filing of documents
ri	Unless the Court otherwise orders, an
to	application and any affidavit in support
ic	shall—
V

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

r. 7

S.R. No. 108/2003

(a) be filed before the application is made with the Associate to the Judge from

ts	whom the warrant is sought; and
n	(b) not be available for inspection by any
e	person.
m	11.05 Form of warrant
u
c	A covert search warrant shall be in
o	Form 6–11B.'.
D	7. Amendment to Form 6–9A
ry	In Form 6–9A to the Principal Rules for the words
ta	and expressions commencing "I, [name]" and
n	ending "is proposed]." substitute—
e	"I, [name ], being the Chief Commissioner of Police
m	for Victoria HEREBY APPLY, pursuant to section 6 of the
ia	Witness Protection Act 1991, for an order authorizing
rl	force] of Police of [name of station or address of premises [name of member of police force], [rank of member of police
a	at which member works] to make a new entry in the register
P	of births or register of marriages maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996
d	in respect of [name of participant or name of participant
n	and specified members of the family of the participant].".
a

8. New forms of application and warrant

n
o

ti After Form 6–10B to the Principal Rules insert—

la 'Rule 11.03 FORM 6–11A

is	IN THE SUPREME COURT OF VICTORIA
g
e	IN THE MATTER of Part 2 of the Terrorism (Community Protection) Act
L	2003
n	and
a
ri	IN THE MATTER of an application for a covert search warrant.
to
ic
V

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

r. 8

S.R. No. 108/2003

Commissioner apply under Part 2 of the Terrorism (Community premises at: [insert address or location of any premises sought to be entered

ts	and searched].
n	I *suspect/*believe on reasonable grounds that—
e	(a) a terrorist act has been, is being, or is likely to be, committed; and
m	(b) the entry and search of the premises would substantially assist in
u	preventing or responding to that terrorist act or suspected terrorist act;
c	and
o

(c) it is necessary for that entry and search to be conducted without the

D	knowledge of any occupier of the premises.
ry	THIS APPLICATION is made upon the following grounds—[insert]
ta	*I RELY upon the acts, facts, matters and circumstances set out in the
n	affidavit of [insert name of deponent] made on [date of affidavit] in support
e	of this application.
m	OR
ia	*THIS APPLICATION is made in urgent circumstances and I consider it
rl	necessary to apply for the immediate issue of a covert search warrant by
a	telephone. I rely upon the unsworn affidavit of [name] that was transmitted
P	to the Court by facsimile on [date].
d
n	[Applicant's signature]
a	–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
n
o	*delete if inapplicable
ti	_______________
la
is
g
e
L
n
a
ri
to
ic
V

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

r. 8

S.R. No. 108/2003

Rule 11.05 FORM 6–11B

ts	IN THE SUPREME COURT OF VICTORIA
n	IN THE MATTER of Part 2 of the Terrorism (Community Protection) Act
e	2003
m	and
u
c	IN THE MATTER of an application for a covert search warrant.
o	COVERT SEARCH WARRANT
D
ry	THIS WARRANT is issued under Part 2 of the Terrorism (Community Protection) Act 2003 ("the Act") by the Supreme Court of Victoria upon
ta	the application of [name of member of the police force of Victoria making the
n	application for the warrant], ("the applicant") [rank/position of officer], of
e	the police force of Victoria at [name of station/address of premises at which officer works].
m
ia	THIS WARRANT relates to premises at [insert address or location of any
rl	premises sought to be entered and searched] ("the premises") and to premises at [insert address] which adjoin or provide access to the premises.
a	*THE APPLICATION was supported by the following affidavit or affidavits
P	setting out the grounds on which the warrant was sought: [insert name of
d	deponent and date of each affidavit relied upon by the applicant] and THE
n	COURT WAS SATISFIED that there were reasonable grounds for the
a	suspicion or belief founding the application for the warrant.
n	THIS WARRANT is issued for the purpose of assisting in the prevention of,
o	or response to the following terrorist act or suspected terrorist act—[insert
ti	description].
la	THIS WARRANT is in force for [insert a number not to exceed 30] days
is	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
g	only/*[insert number] times.
e
L	*The names of the occupiers of the premises are */known as [insert]*/not known.
n
a	*The following is the name or description of the kind of thing to be searched
ri	for, seized, copied, photographed, recorded, operated, printed, tested or
to
ic
V

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

r. 8

S.R. No. 108/2003

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—

ts (a) the premises at [insert address];

n	*(b) and the premises at [address] adjoining or providing access to those
e	premises—
m	for the following purposes—
u
c	*(i) to search the premises for [name or description of kind of thing];
o	*(ii) to seize [name or description of kind of thing];
D	*(iii) to place any thing of that kind on the premises in substitution for a thing
ry	seized under paragraph (ii);
ta	*(iv) to copy, photograph or otherwise record a [description of kind of thing];
n	*(v) to operate any electronic equipment that is on the premises and copy,
e	print or otherwise record information from that equipment;
m	*(vi) to test, or take and keep a sample of [description of kind of thing].
ia	Date of issue:
rl	[Signature of Judge]
a
P	–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
d	*Delete if not applicable'.
n	_______________
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

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

r. 8

S.R. No. 108/2003

Dated: 25 September 2003

J. H. PHILLIPS, C.J.

ts	JOHN WINNEKE, P.
n
e	W. F. ORMISTON, J.A.
m	F. H. CALLAWAY, J.A.
u
c	J. M. BATT, J.A.
o	PETER BUCHANAN, J.A.
D
ALEX CHERNOV, J.A.
ry	G. M. EAMES, J.A.
ta	BERNARD G. TEAGUE, J.
n
e	P. D. CUMMINS, J.
m	T. H. SMITH, J.
ia
rl	DAVID ASHLEY, J.
a	DAVID BYRNE, J.
P
H. R. HANSEN, J.
d
n	PHILIP MANDIE, J.
a	D. J. HABERSBERGER, J.
n
o	R. S. OSBORN, J.
ti	JULIE DODDS-STREETON, J.
la
is	R. F. REDLICH, J.
g	K. WILLIAMS, J.
e	═══════════════
L
n
a
ri
to
ic
V

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

Endnotes

S.R. No. 108/2003

ENDNOTES

ts 1

Rule 4: S.R. No. 33/1998. Reprint (No. 1) incorporating amendments as

n	at 20 April 2000.
e
m
u
c
o
D
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V