Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Note 1 — see rule 12.01
SEARCH WARRANT
Bankruptcy Act 1966 , section 130
IN THE name of Court
REGISTRY: name of Registry
No. of year
IN THE MATTER OF name of bankrupt
name of applicant(s)
Applicant(s)
name of respondent(s)
Respondent(s)
TO: name of officer , a *member/*special member of the Australian Federal Police and to all other members and special members of the Australian Federal Police and to all constables of police throughout the Commonwealth and to any other person specified in Schedule 1.
ON the basis of:
(a) an application made by the trustee of the estate of name of bankrupt under subsection 130 (1) of the Bankruptcy Act 1966 for the issue of a warrant under subsection 130 (2) of the Act in relation to premises situated at address of premises , including any garage or storage area within the boundaries of the premises; and
(b) information given to me by affidavit that there are reasonable grounds for suspecting that there is on or in the premises the following property (relevant property):
(i) property of the bankrupt (including but not limited to furniture, paintings, prints, collectables, porcelain, silver, gold, jewellery, etchings, keys, safes, computers, message taking machines, the contents of any safe, vehicles, plant and equipment, computer tapes, message banks and electronic storage machines);
(ii) property that may be connected with, or related to, the bankrupt’s examinable affairs (including but not limited to furniture, painting, prints, collectables, porcelain, silver, gold, jewellery, etchings, keys, safes, computers, message taking machines, the contents of any safe, vehicles, plant and equipment, computer tapes, message banks and electronic storage machines);
(iii) books of the bankrupt or an associated entity of the bankrupt relevant to any of the bankrupt’s examinable affairs (including but not limited to policies of insurance, storage receipts or other documents or instruments of storage, journals, correspondence and documents); and
(c) any further information given to me, either orally or by affidavit, about the grounds on which the issue of this warrant has been sought;
I, full name , issue this warrant authorising you, name of officer , together with any other person to whom this warrant is addressed:
(d) *at any time of the day or night/*between the hours of hour and hour to enter on or into the premises, using such force as is necessary for the purpose and is reasonable in the circumstances; and
(e) to search the premises for relevant property; and
(f) to break open, and search for relevant property, any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, on or in the premises; and
(g) to take possession of, or secure against interference, any relevant property found on or in the premises; and
(h) to deliver to the trustee, or to a person authorised in writing by the trustee for the purpose, any property of which possession is taken under the warrant.
THIS warrant ceases to have effect at the end of day that is not later than 7 days after the day of issue of the warrant .
Dated:
signed, *Judge/*Federal Magistrate
*Judge/*Federal Magistrate
* Omit if inapplicable
Schedule 1
name of any other person to whom the warrant is addressed