Victorian Numbered Regulations

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AUSTRALIAN CRIME COMMISSION (STATE PROVISIONS) REGULATIONS 2004 (SR NO 15 OF 2004) - SCHEDULE 1

SCHEDULE 1

Sch. 1

Regulation 6

WARRANT TO APPREHEND

Australian Crime Commission (State Provisions) Act 2003

SECTION 24

TO [ insert full name of person to whom warrant is issued ], *[a member of the Australian Federal Police and member of the staff of the ACC] *[a member of the Police Force of the State] *[any other person]:

On the basis of—

(a)     the application made by [ insert full name of applicant ], an examiner appointed under section 46B(1) of the Australian Crime Commission Act 2002 of the Commonwealth (the examiner ), in this matter; and

(b)     my satisfaction by evidence on oath that there are reasonable grounds to believe that [ insert full name and address of person to be apprehended ]

*[who has been ordered, under section 28 of the Australian Crime Commission (State Provisions) Act 2003 to deliver *[his] *[her] passport to the examiner is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner;]

*[in relation to whom a summons has been issued under section 19(1) of the Australian Crime Commission (State Provisions) Act 2003

(i)     has absconded or is likely to abscond; or

(ii)     is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons;]

*[has committed an offence under section 23(1) of the Australian Crime Commission (State Provisions) Act 2003 , or is likely to do so;]

I, [ insert full name of Judge ], a Judge of [ insert name of court ], *[sitting in chambers and] acting under section 24 of the Australian Crime Commission (State Provisions) Act 2003 , and being satisfied that there are reasonable grounds for issuing a warrant, authorise you, using no more force than is reasonably necessary for the execution of this warrant—

(a)     if necessary, to break into and enter any premises, vessel, aircraft or vehicle to execute the warrant; and

(b)     to apprehend [ insert full name of person to be apprehended ]:

to bring *[him] *[her], as soon as practicable, before a Judge of the Federal Court or the Supreme Court to be dealt with according to law.

Issued at: [ insert place of issue ]                 on: [ insert date of issue ]
Sch. 1

by: [signature and designation of Judge]

* Omit if inapplicable

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