Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3ZZBC

  (1)   An eligible officer of an eligible agency may apply to an eligible issuing officer for a delayed notification search warrant in respect of particular premises if the officer is authorised under section   3ZZBB to apply for the warrant.

Note 1:   The application will need to address:

(a)   why there are reasonable grounds for suspecting that one or more eligible offences have been, are being, are about to be or are likely to be committed (see paragraph   3ZZBA(a)); and

(aa)   why there are reasonable grounds for suspecting that entry and search of the premises will substantially assist in the prevention or investigation of one or more of those offences (see paragraph   3ZZBA(b)); and

(ab)   why there are reasonable grounds for believing that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises (see paragraph   3ZZBA(c)); and

(b)   other matters the eligible issuing officer must have regard to (see subsection   3ZZBD(2)); and

(c)   matters that must be specified in the warrant (see subsection   3ZZBE(1)).

Note 2:   In urgent cases or certain other cases, an application may be made by telephone, fax or other electronic means: see section   3ZZBF.

  (2)   The eligible officer must provide the eligible issuing officer with:

  (a)   a copy of, or details of, the authorisation under section   3ZZBB; and

  (b)   particulars of any applications, and the outcomes, so far as known to the eligible officer, of any previous applications, in respect of the premises, for a warrant under this Part or Division   2 of Part   IAA.

  (3)   The application must be supported by an affidavit setting out the grounds on which the warrant is sought.

  (4)   The eligible issuing officer may request further information relating to the application, and may require that the information be provided on oath or affirmation.