Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

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Division 4 - Arrest and related matters  

SECTION 3ZA   Warrants for arrest  

(1)    
An issuing officer must not, under a law of a State or Territory applied by section 68 of the Judiciary Act 1903 , issue a warrant for the arrest of a person for an offence as a result of an information laid before the officer unless:

(a) the information is on oath; and

(b) except where the issuing officer is informed that the warrant is sought for the purpose of making a request for the extradition of a person from a foreign country - the informant has given the issuing officer an affidavit setting out the reasons why the warrant is sought, including:

(i) the reasons why it is believed that the person committed the offence; and

(ii) the reasons why it is claimed that proceedings by summons would not achieve one or more of the purposes set out in paragraph 3W(1)(b) ; and

(c) if the issuing officer has requested further information concerning the reasons for which the issue of the warrant is sought - that information has been provided to the officer; and

(d) the issuing officer is satisfied that there are reasonable grounds for the issue of the warrant.

(2)    
If an issuing officer issues such a warrant, the officer must write on the affidavit which of the reasons specified in the affidavit, and any other reasons, he or she has relied on as justifying the issue of the warrant.