South Australian Current Regulations

INDEPENDENT COMMISSION AGAINST CORRUPTION REGULATIONS 2013 - REG 4

4—Procedures for urgent applications for warrant to Commissioner (section 31(4) of Act)

        (1)         If an application for a warrant is made to the Commissioner by fax or email, the following provisions apply:

            (a)         the applicant must be available to speak to the Commissioner by telephone;

            (b)         the Commissioner is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant acting in the capacity of an investigator during a telephone conversation with the Commissioner is indeed the applicant acting in that capacity;

            (c)         the application must be accompanied (through fax or email) by a statutory declaration made by the applicant verifying the application;

            (d)         the Commissioner must forward the warrant to the applicant by fax or email.

        (2)         If an application for a warrant is made to the Commissioner by telephone, the following provisions apply:

            (a)         the applicant must inform the Commissioner of the applicant's name and identify himself or herself as an investigator and the Commissioner, on receiving that information, is entitled to assume its accuracy without further inquiry;

            (b)         the applicant must inform the Commissioner of the purpose for which the warrant is required and the grounds on which it is sought;

            (c)         the Commissioner may, on being satisfied as to the grounds for the issue of the warrant, inform the applicant of the facts on which the Commissioner relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make a statutory declaration verifying those facts;

            (d)         the Commissioner must inform the applicant of the terms of the warrant;

            (e)         the applicant must fill out and sign a warrant form (the "duplicate warrant") that—

                  (i)         specifies the person authorised to exercise the powers conferred by the warrant; and

                  (ii)         specifies the place or vehicle to which the warrant relates; and

                  (iii)         states whether entry is authorised at any time of the day or night or during specified hours of the day or night;

            (f)         the applicant must, as soon as practicable after the issue of the warrant, forward to the Commissioner a statutory declaration verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.