Crimes Act 1914

Part IAAB - Monitoring of compliance with Part 5.3 supervisory orders etc.  

Division 5 - Monitoring warrants  

SECTION 3ZZOB   Monitoring warrant in relation to a person  

Application for warrant

(1)    
A constable may apply to an issuing officer for a warrant under this section in relation to a person.

Issue of warrant

(2)    
The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that:

(a)    

a Part 5.3 supervisory order is in force in relation to the person; and

(b)    

having regard to:

(i) one or more of the matters set out in paragraphs (4)(a) to (c) , and the matter set out in paragraph (4)(g) ; and

(ii) such other matters (if any) as the issuing officer considers relevant;

it is reasonably necessary that a constable should conduct an ordinary search or a frisk search of the person for the purposes of:

(iii) achieving a Part 5.3 object; or

(iv) determining whether the Part 5.3 supervisory order has been, or is being, complied with.

(v) - (vi) (Repealed by No 131 of 2021)

(3)    
The issuing officer must not issue the warrant unless the applicant or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

(4)    
The matters referred to in subparagraph (2)(b)(i) are the following:

(a)    

in relation to a control order:

(i) the possibility that the person has engaged, is engaging, or will engage, in a terrorist act;

(ii) the possibility that the person has provided, is providing, or will provide, support for a terrorist act;

(iii) the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act;

(iv) the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country;

(v) the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;

(b)    

in relation to an extended supervision order or interim supervision order - the possibility that the person has committed, is committing, or will commit, a serious Part 5.3 offence;

(c)    

in relation to any Part 5.3 supervisory order - the possibility that the person has contravened, is contravening, or will contravene, the order;

(g)    whether allowing one or more constables to conduct an ordinary search or a frisk search of the person, and exercise the monitoring powers in relation to the person and the powers set out in section 3ZZLC in relation to the person or a recently used conveyance, would be likely to have the least interference with any person ' s liberty and privacy that is necessary in the circumstances.

Content of warrant

(5)    
The warrant must:

(a)    state the name of the person; and

(b)    state that the warrant is issued under this section; and

(c)    state the purpose or purposes for which the warrant is issued; and

(d)    authorise a constable (whether or not named in the warrant) from time to time while the warrant remains in force:

(i) to conduct an ordinary search or a frisk search of the person; and

(ii) to exercise the monitoring powers in relation to the person; and

(iii) to exercise the powers set out in section 3ZZLC in relation to the person or a recently used conveyance; and

(e)    state whether the search is authorised to be carried out at any time of the day or during specified hours of the day; and

(f)    specify the time at which the warrant expires (see subsection (7) ); and

(g)    state that a person who is not a constable may be authorised under section 3ZZLD to assist in executing the warrant; and

(h)    

state the name of the person to whom the relevant Part 5.3 supervisory order relates; and

(i)    

state that the Part 5.3 supervisory order is in force; and

(j)    

state whether the Part 5.3 supervisory order is:

(i) an interim control order; or

(ii) a confirmed control order; or

(iii) an interim supervision order; or

(iv) an extended supervision order; and

(k)    

specify the date the Part 5.3 supervisory order was made; and

(l)    

specify the court that made the Part 5.3 supervisory order; and

(m)    

if the Part 5.3 supervisory order is an interim control order - specify the date the order was served on the person; and

(n)    

if the Part 5.3 supervisory order is an extended supervision order or an interim supervision order - specify when the order comes into force; and

(o)    

if the Part 5.3 supervisory order is a confirmed control order, an extended supervision order or an interim supervision order - specify the end of the period during which the order is in force; and

(p)    

if the warrant is issued for the purposes of determining whether the Part 5.3 supervisory order has been, or is being, complied with - include, in an attachment to the warrant, a copy of the order.

(6)    
To avoid doubt, paragraph (5)(c) does not require the purpose or purposes for which the warrant is issued to be specified in the warrant if disclosure of that purpose, or those purposes, is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ).

(7)    
The time stated in the warrant under paragraph (5)(f) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued.

Example:

If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.

(8)    
Paragraph (5)(f) and subsection (7) do not prevent the issue of successive monitoring warrants in relation to the same person.