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MIGRATION REGULATIONS 1994 - SCHEDULE 10

Prescribed forms

(regulation   1.03)

Form 1 -- Search Warrant--Valuables

(subregulation   5.32 (1))

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

Search Warrant--Valuables

To ( insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act ).

I, ( name ), the Secretary [ or a delegate of the Secretary] of the Department of Home Affairs, authorise you, ( insert name of officer ), under subsection   223(14) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance, and using such reasonable force, as you think necessary:

  (a)   to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found any valuables to which a notice in force under section   223 of the Act relates; and

  (b)   to seize any such valuables found in the course of such a search;

and for the purposes of the exercise of the foregoing powers, to stop any vehicle.

And for doing so this shall be your sufficient warrant.

This warrant remains in force for the period commencing on     20

and ending on         20   .

Dated       20   .

           

            Secretary [ or Delegate]

Form 2 -- Search warrant

(subregulation   5.32 (2))

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

Search Warrant

To (insert name of officer and capacity by virtue of which he or she is an officer within the meaning of the Act) .

I, ( name ), the Secretary [ or a delegate of the Secretary] of the Department of Home Affairs or the Australian Border Force Commissioner [ or a delegate of the Australian Border Force Commissioner], authorise you, under subsection   251(4) of the Migration Act 1958 (the Act), at any time of the day or night, with such assistance as you think necessary, to enter and search any building, premises, vehicle, vessel or place in which you have reasonable cause to believe there may be found:

  (a)   an unlawful non - citizen, a removee or a deportee, within the meaning of the Act; or

  (b)   a person to whom a temporary visa under the Act has been issued subject to a condition with respect to the work to be performed by that person; or

  (c)   any document, book or paper relating to the entry or proposed entry into Australia of a person in circumstances in which that person:

  (i)   would have become a prohibited immigrant within the meaning of the Act as in force from time to time before the commencement of the Migration Amendment Act 1983 ; or

  (ii)   would have become a prohibited non - citizen within the meaning of the Act as in force from time to time after the commencement of the Migration Amendment Act 1983 but before the commencement of section   4 of the Migration Legislation Amendment Act 1989 ; or

  (iii)   would have become an illegal entrant within the meaning of the Act as in force from time to time after the commencement of section   4 of the Migration Legislation Amendment Act 1989 but before commencement of section   7 of the Migration Reform Act 1992 ; or

  (iv)   would have become, or would become, an unlawful non - citizen; or

  (d)   any passport or document of identity of, or any ticket for the conveyance from a place within Australia to a place outside Australia of, an unlawful non - citizen, a removee or a deportee, within the meaning of the Act;

and to seize any such document, book, paper, passport, document of identity or ticket, as the case may be, and to impound and detain it for such time as you think necessary, and for the purposes of the exercise of the foregoing powers to stop any vessel or vehicle and to use such reasonable force as is necessary.

And for doing so this shall be your sufficient warrant.

This warrant remains in force for the period commencing on     20  

and ending on       20   .

Dated       20   .

   Secretary or Australian Border Force
  Commissioner [ or Delegate]



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