to arrange for:

evidence to be taken in the foreign country; or

a document or other article in the foreign country to be produced;

for the purposes of a proceeding or investigation relating to a criminal matter in Australia; and

if subparagraph (a)(i) applies—to arrange for a tape recording to be made of the evidence to be taken; and

to arrange for the evidence (and if paragraph (aa) applies, the tape recording or a copy of it), document or other article to be sent to Australia.

any evidence may be taken; or

any document or other article may be obtained;

in the foreign country even though, under Australian law:

the evidence could not have been taken; or

the document or other article could not have been obtained;

by using in the circumstances processes similar to those used in the foreign country.

any party to the proceeding or that party’s legal representative; or

any person being investigated or that person’s legal representative.

any of the following:

that evidence be taken in Australia;

that evidence be taken in Australia and a tape recording be made of the evidence taken;

that evidence be taken in Australia for live transmission by means of video link to a courtroom or other place in the requesting country; or

that documents or other articles in Australia be produced;

for the purposes of a proceeding in relation to a criminal matter in that country or another foreign country (the foreign proceeding).

the taking of the evidence and its transmission to the requesting country; or

the production of the documents or other articles and their transmission to the requesting country.

in the case of the taking of evidence—a Magistrate or eligible Judge may do all or any of the following:

take evidence on oath or affirmation of the witness appearing before the Magistrate or Judge to give evidence in relation to the matter;

direct that all or part of the proceeding be conducted in private;

require a person to leave the place in Australia where the giving of evidence is taking place or going to take place;

prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the foreign proceeding;

subject to subsection 13AB(1), require the production of documents or other articles;

take such action as the Magistrate or Judge considers appropriate to facilitate the foreign proceeding;

perform any other function required by the regulations; or

in the case of the production of documents or other articles—a Magistrate or eligible Judge may, subject to subsection 13AB(1), require the production of the documents or other articles and, where the documents or other articles are produced, a Magistrate or eligible Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney-General.

may only exercise the powers mentioned in subparagraphs (2)(a)(ii), (iii) and (iv) at the request of the foreign court; and

may, at the request of the foreign court, assist with the administering by the foreign court of an oath or affirmation; and

may administer an oath or affirmation.

if the requesting country requests that a tape recording be made of the evidence taken—cause a tape recording to be made of the evidence, certify that the evidence on the tape recording was taken by the Magistrate or Judge and cause the tape recording, or a copy of it, to be sent to the Attorney-General; and

in any other case—cause the evidence to be put in writing, certify that the evidence was taken by the Magistrate or Judge and cause the writing so certified to be sent to the Attorney-General.

the person to whom the proceeding in the requesting country relates;

any other person giving evidence or producing documents or other articles at the proceeding before the Magistrate or Judge; and

the relevant authority of the requesting country;

to have legal representation at the proceeding before the Magistrate or Judge.

any person to whom the proceeding in the requesting country relates or that person’s legal representative; or

the legal representative of the relevant authority of the requesting country;

to examine or cross-examine in person, or through a video link from the requesting country, any person giving evidence or producing a document or other article, at the proceeding.

the proceeding before the Magistrate or eligible Judge is a judicial proceeding; and

evidence taken from a witness on oath or affirmation is testimony given in a judicial proceeding.

the person to whom the proceeding in the requesting country relates or his or her legal representative (if any);

any other person giving evidence or producing documents or other articles or his or her legal representative (if any).

laws of the Commonwealth with respect to the compelling of persons to attend before an eligible Judge;

laws of the Commonwealth with respect to giving evidence, answering questions and producing documents or other articles before an eligible Judge;

laws of a State or Territory with respect to the compelling of persons to attend before a Magistrate;

laws of that State or Territory with respect to giving evidence, answering questions and producing documents or other articles before a Magistrate.

the person to whom the proceeding in the requesting country relates is competent but not compellable to give evidence; and

a person who is required to give evidence, or produce documents or other articles, for the purposes of a proceeding in relation to a criminal matter in the requesting country or another foreign country, is not compellable to answer a question, or produce a document or article, that the person is not compellable to answer or produce, as the case may be, in the proceeding in that country.

(a) a foreign country (the requesting country) has commenced an investigation into, or proceedings in relation to, a serious offence against the laws of that country; and

that foreign country requests the provision of material relevant to that investigation or those proceedings; and

the Attorney-General is satisfied that the material requested is:

material lawfully obtained by an enforcement agency in Australia; and

material lawfully in the possession of that enforcement agency;

the Attorney-General may, by writing in accordance with the approved form, authorise the provision of that material to the requesting country.

material obtained from individuals or entities by consent; and

material obtained by warrant or the exercise of a coercive power by a court in Australia for the purposes of a domestic investigation or prosecution.

a proceeding relating to a criminal matter has commenced in Australia; and

a person who is in a foreign country:

is a foreign prisoner;

is capable of giving evidence relevant to the proceeding; and

has given his or her consent to being removed to Australia for the purpose of giving evidence in the proceeding;

Australia may request the foreign country to authorise the attendance of the person at a hearing in connection with the proceeding.

an investigation relating to a criminal matter has commenced in Australia; and

a person who is in a foreign country:

is a foreign prisoner;

is capable of giving assistance in relation to the investigation; and

has given his or her consent to being removed to Australia for the purposes of giving assistance in relation to the investigation;

Australia may request the foreign country to authorise the removal of the person to Australia for the purpose of giving assistance in relation to the investigation.

the removal of the person to Australia;

the custody of the person while in Australia;

the return of the person to the foreign country; and

other relevant matters.

pursuant to a request under section 16; or

to give evidence in a proceeding, or to give assistance in relation to an investigation, pursuant to a request made by or on behalf of the Attorney-General (not being a request under section 16) for international assistance in a criminal matter;

the person, subject to subsection (2), shall not:

be detained, prosecuted or punished in Australia for any offence that is alleged to have been committed, or that was committed, before the person’s departure from the foreign country pursuant to the request;

be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from the foreign country pursuant to the request, being a civil suit to which the person could not be subjected if the person were not in Australia;

be required to give evidence in any proceeding in Australia other than the proceeding to which the request relates (if any).

be required, in the proceeding to which the request relates (if any), to answer any question that the person would not be required to answer in a proceeding in the foreign country relating to a criminal matter; or

be required, in the proceeding to which the request relates (if any), to produce any document or article that the person would not be required to produce in a proceeding in the foreign country relating to a criminal matter.

the person has left Australia; or

the person has had the opportunity of leaving Australia and has remained in Australia otherwise than for:

the purpose to which the request relates;

the purpose of giving evidence in a proceeding in Australia certified by the Attorney-General, in writing, to be a proceeding in which it is desirable that the person give evidence; or

the purpose of giving assistance in relation to an investigation in Australia certified by the Attorney-General, in writing, to be an investigation in relation to which it is desirable that the person give assistance.

a person is in Australia to give evidence in a proceeding:

because of a request under subsection 16(1); or

because of a request (other than a request under that subsection) made by the Attorney-General for international assistance in a criminal matter; and

the person has given evidence in the proceeding to which the request related or in a proceeding certified by the Attorney-General under subparagraph 19(2)(b)(ii) in relation to the person;

that evidence shall not be admitted or otherwise used in any prosecution of the person for an offence against Australian law, other than the offence of perjury in relation to the giving of that evidence.

a person is in Australia to give assistance in relation to an investigation:

because of a request under subsection 16(2); or

because of a request (other than a request under that subsection) made by the Attorney-General for international assistance in a criminal matter; and

the person has given assistance in relation to the investigation to which the request related or in relation to an investigation certified by the Attorney-General under subparagraph 19(2)(b)(iii) in relation to the person;

anything said or done by the person when giving the assistance is not to be admitted or otherwise used in any prosecution of the person for an offence against Australian law.

has been brought to Australia pursuant to a request under section 16; and

has escaped from lawful custody while in Australia pursuant to the request.

a proceeding relating to a criminal matter has commenced in a foreign country;

the foreign country requests the attendance at a hearing in connection with the proceeding of a federal prisoner or a State prisoner who is in Australia (whether or not in custody);

there are reasonable grounds to believe that the prisoner is capable of giving evidence relevant to the proceeding; and

the Attorney-General is satisfied that:

the prisoner has consented to giving evidence in the foreign country; and

the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);

the Attorney-General may, in his or her discretion:

in a case where the prisoner is being held in custody:

if the prisoner is a federal prisoner and is not also a State prisoner—direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding;

if the prisoner is a federal prisoner and also a State prisoner—direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding; and

in any case, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner—make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney-General for the purpose; or

in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody:

if the prisoner is a federal prisoner and is not also a State prisoner—approve the travel of the prisoner to the foreign country to give evidence at the proceeding and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large as may be required;

if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any approvals, authorities or permissions required to be obtained from an authority of the relevant State and the making of any necessary variations to the parole or other order or licence to be at large, approve the travel of the prisoner to the foreign country to give evidence at the proceeding and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large made or granted, as the case may be, under a law of the Commonwealth or of a Territory as may be required; and

in any case, subject to the obtaining of any necessary approvals, authorities, permissions or variations of the parole or other order or licence to be at large—make arrangements for the travel of the prisoner to the foreign country.

a proceeding relating to a criminal matter has commenced in a foreign country;

the foreign country requests the attendance at a hearing in connection with the proceeding of a person (not being a federal prisoner or a State prisoner) who is in Australia;

there are reasonable grounds to believe that the person is capable of giving evidence relevant to the proceeding; and

the Attorney-General is satisfied that:

the person has consented to giving evidence in the foreign country; and

the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);

the Attorney-General may, in his or her discretion, make arrangements for the travel of the person to the foreign country.

that the person shall not:

be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Australia;

be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from Australia, being a civil suit to which the person could not be subjected if the person were not in the foreign country; or

be required to give evidence in any proceeding in the foreign country other than the proceeding to which the request relates;

unless:

the person has left the foreign country; or

the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving evidence in the proceeding to which the request relates;

that any evidence given by the person in the proceeding to which the request relates will be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against a law of the foreign country other than the offence of perjury in relation to the giving of that evidence;

that the person will be returned to Australia in accordance with arrangements agreed by the Attorney-General;

in a case where the person is being held in custody in Australia and the Attorney-General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country:

the making of appropriate arrangements for that purpose;

that the person will not be released from custody in the foreign country unless the Attorney-General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Australian law; and

if the person is released in the foreign country as mentioned in subparagraph (ii)—that the person’s accommodation and expenses pending the completion of the proceeding to which the request relates will be paid for by the foreign country; and

such other matters (if any) as the Attorney-General thinks appropriate.

an investigation relating to a criminal matter has commenced in a foreign country;

the foreign country requests the removal of a federal prisoner or a State prisoner who is in Australia (whether or not in custody) to the foreign country for the purpose of giving assistance in relation to the investigation;

there are reasonable grounds to believe that the prisoner is capable of giving assistance in relation to the investigation; and

the Attorney-General is satisfied that:

the prisoner has consented to being removed to the foreign country for the purpose of giving assistance in relation to the investigation; and

the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);

the Attorney-General may, in his or her discretion:

in a case where the prisoner is being held in custody:

if the prisoner is a federal prisoner and is not also a State prisoner—direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give assistance in relation to the investigation;

if the prisoner is a federal prisoner and also a State prisoner—direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of travelling to the foreign country for the purpose of giving assistance in relation to the investigation; and

in any case, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner—make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney-General for the purpose; or

in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody:

if the prisoner is a federal prisoner and is not also a State prisoner—approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large as may be required;

if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any approvals, authorities or permissions required to be obtained from an authority of the relevant State and the making of any necessary variations to the parole or other order or licence to be at large, approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large made or granted, as the case may be, under a law of the Commonwealth or of a Territory as may be required; and

in any case, subject to the obtaining of any necessary approvals, authorities, permissions or variations of the parole or other order or licence to be at large—make arrangements for the travel of the prisoner to the foreign country.

an investigation relating to a criminal matter has commenced in a foreign country;

the foreign country requests that a person (not being a federal prisoner or a State prisoner) who is in Australia travel to the foreign country to give assistance in relation to the investigation;

there are reasonable grounds to believe that the person is capable of giving assistance in relation to the investigation; and

the Attorney-General is satisfied that:

the person has consented to travel to the foreign country for the purpose of giving assistance in relation to the investigation; and

the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);

the Attorney-General may, in his or her discretion, make arrangements for the travel of the person to the foreign country.

that the person shall not:

be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Australia;

be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from Australia, being a civil suit to which the person could not be subjected if the person were not in the foreign country; or

be required to give evidence in any proceeding in the foreign country;

unless:

the person has left the foreign country; or

the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving assistance in relation to the investigation to which the request relates;

that the person will be returned to Australia in accordance with arrangements agreed by the Attorney-General;

in a case where the person is being held in custody in Australia and the Attorney-General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country:

the making of appropriate arrangements for that purpose;

that the person will not be released from custody in the foreign country unless the Attorney-General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Australian law; and

if the person is released in the foreign country as mentioned in subparagraph (ii)—that the person’s accommodation and expenses pending the completion of the investigation to which the request relates will be paid for by the foreign country; and

such other matters (if any) as the Attorney-General thinks appropriate.

a proceeding relating to a criminal matter has commenced in Australia; and

there are reasonable grounds to believe carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the proceeding;

Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in connection with the proceeding.

an investigation relating to a criminal matter has commenced in Australia; and

carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the investigation;

Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in relation to the investigation.

Australia makes a request under this section; and

the foreign country obtains any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the carrying out (as requested by Australia) of a forensic procedure on a particular person.

is not inadmissible in evidence in the proceeding; or

is not precluded from being used for the purposes of the investigation;

on the ground alone that it was obtained otherwise than in accordance with the request.

a request has been made by a foreign country that a forensic procedure be carried out on a person;

unless the person is a child or an incapable person—the foreign country has:

started investigating whether the person has committed a foreign serious offence against its laws; or

started proceedings against the person for a foreign serious offence;

the person is, or is believed to be, in Australia;

the foreign country has given:

appropriate undertakings in relation to the retention, use and destruction of forensic material, or of information obtained from analysis of that forensic material; and

any other undertakings that the Attorney-General considers necessary;

unless the person is a child or an incapable person—the person has been given an opportunity to consent to the forensic procedure and has not consented to it;

if the person is a child or an incapable person, the matters specified in subsection (3).

be satisfied that either of the following applies:

the consent of the parent or guardian cannot reasonably be obtained or has been withdrawn;

the parent or guardian is a suspect in relation to the foreign serious offence; and

believe that, having regard to the best interests of the child or incapable person, it is appropriate to make the authorisation.

a foreign country requests that a forensic procedure be carried out on a person; and

the Attorney-General authorises a constable to make an application of the kind mentioned in subsection 28B(1); and

a forensic procedure is carried out on the person;

the Attorney-General may direct the constable as to how the forensic evidence is to be provided to the foreign country.

the owner of the property; and

any other person the authority has reason to believe may have an interest in the property.

to a specified person or class of persons; and

in the manner and within the time that the court considers appropriate.

a foreign restraining order is made against property of a person in reliance on the person’s conviction, or alleged commission, of a foreign serious offence; and

the foreign restraining order is registered under Subdivision A of Division 2; and

a foreign pecuniary penalty order has been made against the person in relation to the person’s conviction, or alleged commission, of the offence or a related foreign serious offence; and

the foreign pecuniary penalty order has been registered under Subdivision A of Division 2; and

an order has been made under section 35 ordering the Official Trustee to take control of the property;

the court in which the foreign pecuniary penalty order is registered may, by order, direct the Official Trustee to pay to the Commonwealth an amount out of that property.

direct the Official Trustee to sell or otherwise dispose of such of the property that is under the control of the Official Trustee as the court specifies; and

appoint an officer of the court or any other person:

to execute any deed or instrument in the name of a person who owns or has an interest in the property; and

to do any act or thing necessary to give validity and operation to the deed or instrument.

apply the money in payment of the costs payable to the Official Trustee, under section 288 of the Proceeds of Crime Act, in respect of the order under section 35 in respect of the property; and

subject to subsection (3), credit the remainder of the money to the Confiscated Assets Account as required by section 296 of that Act.

sell or otherwise dispose of the property;

apply the proceeds of the sale or disposition in payment of the costs payable to the Official Trustee, under section 288 of the Proceeds of Crime Act, in respect of the order in respect of the property (including expenses incurred in connection with selling or disposing of the property); and

subject to subsection (3), credit the remainder of the proceeds to the Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act.

the amount to be credited under that paragraph is the amount payable to the Commonwealth under the order; and

the Official Trustee must pay an amount equal to the excess to the person whose property was covered by the order under section 35.

a foreign restraining order against property has been registered under Subdivision A of Division 2; and

a foreign pecuniary penalty order has been made against the person in reliance on the person’s conviction, or alleged commission, of:

the foreign serious offence in relation to which the foreign restraining order was made; or

a related foreign serious offence; and

the foreign pecuniary penalty order has been registered under Subdivision A of Division 2;

the registration of the foreign restraining order or the foreign pecuniary penalty order (whichever last occurs) creates, by force of this section, a charge on the property to secure the payment of an amount to the Commonwealth.

is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this subsection, have priority; and

has priority over all other encumbrances; and

subject to section 35K, is not affected by any change of ownership of the property.

an authority responsible for administering a law of the Commonwealth, a State or a Territory providing for registration of title to, or charges over, property of that kind; or

(b) the Registrar of Personal Property Securities, if the Personal Property Securities Act 2009 provides for the registration of data in relation to that kind of personal property for the purposes of paragraph 148(c) of that Act.

is on any particular premises; or

will, within the applicable period, be on any particular premises;

the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search those premises for the evidential material.

is in possession of the evidential material; or

will, within the applicable period, be in possession of the evidential material;

the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search that person for the evidential material.

if the application for the warrant is made by telephone, telex, fax or any other electronic means, as provided by section 38H—48 hours; or

in any other case—72 hours.

is on any particular premises; or

will, within the applicable period, be on any particular premises;

the Magistrate or Judge may issue a warrant to search the premises.

is in possession of the evidential material; or

will, within the applicable period, be in possession of the evidential material;

the Magistrate or Judge may issue a warrant authorising an ordinary search or a frisk search of the person.

if the application for the warrant is made by telephone, telex, fax or any other electronic means, as provided by section 38H—48 hours; or

in any other case—72 hours.

is a member or special member of the Australian Federal Police; and

has, at any time previously, applied for a warrant relating to the same person or premises;

the police officer must state the particulars, and the outcome, of those applications in the information.

issue a warrant in relation to premises or a person in that State or Territory; or

issue a warrant in relation to premises or a person in an external Territory; or

issue a warrant in relation to premises or a person in another State or internal Territory (including the Jervis Bay Territory) if the Magistrate is satisfied that there are special circumstances that make the issue of the warrant appropriate; or

issue a warrant in relation to a person wherever the person is in Australia or in an external Territory if the Magistrate is satisfied that it is not possible to predict where the person may be.

the purpose for which it is issued, including a reference to the nature of the criminal matter to which the relevant proceeding or investigation relates; and

a description of the premises to which the warrant relates or the name or description of the person to whom it relates; and

a description of the evidential material that is to be searched for and seized under the warrant; and

the name of the police officer who, unless he or she inserts the name of another police officer in the warrant, is to be responsible for executing the warrant; and

the period for which the warrant remains in force, which must not be more than:

in the case of a warrant issued on an application by telephone, telex, fax or other electronic means as provided by section 38H—48 hours; or

in any other case—7 days; and

whether the warrant may be executed at any time or only during particular hours.

that the warrant authorises the seizure of any thing (other than the evidential material referred to in paragraph (1)(c)) found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:

evidential material relating to the relevant proceeding or investigation; or

a thing relevant to an indictable offence against an Australian law;

if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an indictable offence against an Australian law; and

whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or an officer assisting suspects on reasonable grounds that the person has in his or her possession any evidential material relating to the relevant proceeding or investigation or any seizable items.

the kind of search (ordinary or frisk) of the person that the warrant authorises; and

that the warrant authorises the seizure of any thing (other than the evidential material referred to in paragraph (1)(c)) found, in the course of the search, in the possession of the person or in or on a vehicle recently used by the person, being a thing that the executing officer or an officer assisting believes on reasonable grounds to be:

evidential material relating to the relevant proceeding or investigation; or

a thing relevant to an indictable offence against an Australian law;

if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an indictable offence against an Australian law.

to enter the premises (in the case of a vehicle, wherever it may be);

to search the premises for the evidential material specified in the warrant, and to seize such material if found at the premises;

to seize other things that are found at the premises in the course of the search and that the executing officer or an officer assisting believes on reasonable grounds to be:

evidential material relating to the relevant proceeding or investigation; or

things relevant to an indictable offence against an Australian law;

if the executing officer or officer assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an indictable offence against an Australian law;

to seize other things found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be seizable items;

if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises, if the executing officer or an officer assisting suspects on reasonable grounds that the person has in his or her possession any evidential material relating to the relevant proceeding or investigation or any seizable items.

to:

search the person in the manner specified in the warrant; and

search things found in the possession of the person; and

search any vehicle recently used by the person;

for the evidential material specified in the warrant;

to seize such evidential material if found in the course of the search;

to seize other things that are found, in the course of the search, in the possession of the person or in or on any vehicle recently used by the person and that the executing officer or an officer assisting believes on reasonable grounds to be:

evidential material relating to the relevant proceeding or investigation; or

things relevant to an indictable offence against an Australian law;

if the executing officer or police officer assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an indictable offence against an Australian law;

to seize other things found in the course of the search that the executing officer or a police officer assisting believes on reasonable grounds to be seizable items.

in an urgent case; or

if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

a warrant in the terms of the application should be issued urgently; or

the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;

the Magistrate or Judge may complete and sign the same form of warrant that would be issued under section 38C.

the form of warrant completed by the applicant; and

if the information referred to in subsection 38H(3) was not sworn—that information duly sworn.

it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under section 38H was duly authorised; and

the form of warrant signed by the Magistrate or Judge is not produced in evidence;

the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

a search warrant in relation to premises is being executed; and

the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the executing officer or an officer assisting must make a copy of the warrant available to that person.

the person present at the premises; or

the person being searched;

as the case requires.

for a purpose incidental to the execution of the warrant; or

with the written consent of the occupier of the premises;

photograph, film or videorecord the premises or things at the premises.

cease to execute the warrant; and

leave the premises for a period of more than one hour without the written consent of the occupier of the premises.

the execution of a search warrant is stopped by an order of a court; and

the order is later revoked or reversed on appeal;

the execution of the warrant may be completed if the warrant is still in force.

it is not practicable to examine or process the things at the premises; or

the occupier of the premises consents in writing;

the things may be moved to another place so that the examination or processing can be carried out.

inform the occupier of the premises of:

the address of that place; and

the day on which and the time at which the examination or processing will be carried out; and

allow the occupier or his or her representative to be present during the examination or processing.

the equipment is suitable for the examination or processing; and

the examination or processing can be carried out without damaging the equipment or thing.

seize the equipment and any disk, tape or other associated device; or

if the material can be put in a documentary form by using facilities at the premises—operate those facilities to put the material in that form and seize the documents so produced; or

if the material can be transferred to a disk, tape or other storage device:

that is brought to the premises; or

that is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or

possession by the occupier of the equipment could constitute an offence against an Australian law.

evidential material may be accessible by operating electronic equipment at the premises; and

expert assistance is required to operate the equipment; and

the material may be destroyed, altered or otherwise interfered with if he or she does not take action under this subsection;

he or she may do whatever is necessary to secure the equipment, including locking it up or placing it under guard.

for up to 24 hours; or

until the equipment has been operated by the expert;

whichever happens first.

damage is caused to equipment as a result of its being operated as mentioned in section 38M or 38N; and

the damage was caused as a result of:

a lack of reasonable care in selecting the person who was to operate the equipment; or

a lack of reasonable care on the part of the person operating the equipment;

compensation for the damage is payable to the owner of the equipment.

a document, film, computer file or other thing that can be readily copied; or

a storage device the information in which can be readily copied;

the executing officer or officer assisting must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.

the thing was seized under paragraph 38N(2)(b) or taken under paragraph 38N(2)(c); or

possession by the occupier of the document, film, computer file, thing or information could constitute an offence against an Australian law.

a warrant in relation to premises is being executed; and

the occupier of the premises or another person who apparently represents the occupier is present at the premises;

the occupier of the premises or that person is entitled to watch the search being conducted.

a police officer has, under this Act or under a warrant issued under the regulations, power to arrest a person; and

the police officer believes on reasonable grounds that the person is on any premises;

the police officer may, at any time of the day or night, enter the premises for the purpose of searching the premises for the person or arresting the person. In doing so, the police officer may use such force as is necessary and reasonable in the circumstances.

a vehicle; or

a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.

if paragraph (b) does not apply—do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the police officer believes on reasonable grounds that doing that thing is necessary to protect a human life or to prevent serious injury to another person (including the police officer); or

if the person is attempting to escape arrest by fleeing—do anything that is likely to cause the death of, or grievous bodily harm to, the person unless:

the police officer believes on reasonable grounds that doing that thing is necessary to protect a human life or to prevent serious injury to another person (including the police officer); or

the person has, if practicable, been called on to surrender and the police officer believes on reasonable grounds that the person cannot be arrested in any other manner.

the person should, in the circumstances, know the reason for the arrest; or

the person’s actions make it impracticable for the police officer to inform the person of the reason for the arrest.

if he or she believes on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items—conduct a frisk search of the person at, or soon after, the time of arrest; or

if he or she suspects on reasonable grounds that the person is carrying any seizable items—conduct an ordinary search of the person at, or soon after, the time of the arrest.

announce that he or she is authorised to enter the premises; and

give any person at the premises an opportunity to allow entry to the premises.

the safety of a person (including the police officer); or

that the effective execution of the warrant or the arrest is not frustrated.

inform the Attorney-General that the thing has been so seized; and

retain the thing pending the Attorney-General’s direction under subsection (4) about how to deal with the thing; and

comply with any such direction that the Attorney-General gives.

the reason for its seizure no longer exists; or

it is decided that the thing is not to be used in evidence in a foreign country or in respect of a criminal proceeding in Australia;

unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

a person arrested under a warrant issued under the regulations has been released on bail by order of a Magistrate or eligible Judge; and

a police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of a recognisance on which bail was granted to the person;

the police officer may, without warrant, arrest the person.