Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 100

Applications for suppression orders etc.

  (1)   An application for a suppression order on the ground mentioned in paragraph   96(3)(a) may be made by:

  (a)   the apprehended person; or

  (b)   a person to whom the warrant was directed; or

  (c)   a person who satisfies the magistrate or Court that he or she has a special interest in the question whether the suppression order should be made.

  (2)   An application for a suppression order on the ground mentioned in paragraph   96(3)(b) or (c) may be made by:

  (a)   a party to the proceeding mentioned in paragraph   96(3)(b); or

  (b)   a person who is, or is likely to be, a witness in the proceeding; or

  (c)   a person or body having responsibility or power under a law of the Commonwealth or a State:

  (i)   to investigate or to bring proceedings in respect of an offence against a law of the Commonwealth or the State; or

  (ii)   to investigate contraventions of a law of the Commonwealth or the State that may give rise to proceedings for the recovery of a pecuniary penalty; or

  (iii)   to bring proceedings under a law of the Commonwealth or the State for the recovery of a pecuniary penalty.

  (3)   An application for a suppression order on the ground mentioned in paragraph   96(3)(d) or (e) may be made by a person or body having responsibility or power under a law of the Commonwealth or a State:

  (a)   to investigate or to bring proceedings in respect of an offence against a law of the Commonwealth or the State; or

  (b)   to investigate contraventions of a law of the Commonwealth or the State that may give rise to proceedings for the recovery of a pecuniary penalty; or

  (c)   to bring proceedings under a law of the Commonwealth or the State for the recovery of a pecuniary penalty.

  (4)   An application for a suppression order on the ground mentioned in paragraph   96(3)(f) may be made by the Minister administering the Australian Security Intelligence Organisation Act 1979 .

  (5)   An application for a suppression order on the ground mentioned in paragraph   96(3)(g) may be made by:

  (a)   a victim of the alleged offence mentioned in that paragraph; or

  (b)   a parent or guardian of such a victim; or

  (c)   a person or body having responsibility or power under a law of the Commonwealth or a State to investigate or bring proceedings in respect of an offence against a law of the Commonwealth or the State; or

  (d)   a person to whom the warrant was directed.

  (6)   An application for a suppression order on the ground mentioned in paragraph   96(3)(h) may be made by:

  (a)   the child mentioned in that paragraph; or

  (b)   a parent or guardian of the child; or

  (c)   a person or body having responsibility or power under a law of a State to bring proceedings concerning the welfare of a child.

  (7)   An application for the variation or revocation of a suppression order may be made by:

  (a)   a person entitled to apply for the suppression order; or

  (b)   a publishing organisation; or

  (c)   a person who satisfies the magistrate or court that he or she has a special interest in the question whether the order should be varied or revoked.

  (8)   A person who may apply for a suppression order, or for the variation or revocation of a suppression order, may make a submission to the magistrate or court on the question whether a suppression order should be made, varied or revoked.

  (9)   The person may make the submission without being joined as a party to the proceeding or review.

  (10)   The person may call or give evidence in support of the submission.

  (11)   The magistrate or court may delay a proceeding or review to allow the submission to be made or evidence to be called or given.


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