Search and seizure - authority - ICC proceedings

Australia

Australia - ICC Act 2002 (2016)

Part 1—Preliminary

4 Definitions

examination of a site that is a grave includes exhumation of the grave.

Part 1—Preliminary

4 Definitions

ordinary search means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.

Part 1—Preliminary

4 Definitions

search warrant (except in Part 4) means a warrant issued under section 111.

seizable item means anything that would present a danger to a person or could be used to assist a person to escape from lawful custody.

Part 1—Preliminary

4 Definitions

strip search means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove all of his or her garments; and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those garments.

Part 2—General provisions relating to requests by the ICC for cooperation

7 What constitutes a request for cooperation

(1) A request for cooperation is a request made by the ICC to Australia, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, for:

(a) assistance in connection with any one or more of the following:

(ix) the execution of searches and seizures;

Part 4—Other requests by ICC

Division 10—Examination of places or sites


76 Assistance in examining places or sites

(1) This section applies if:
(a) the ICC requests assistance in examining places or sites in Australia; and
(b) the Attorney General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.

(2) The Attorney General is to execute the request by authorising, in writing, the examination of the places or sites.

Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision F—Search warrants relating to proceeds of crime and property tracking documents


97 Requests for search warrants

(1) If:
(a) the request from the ICC referred to in section 81 involves the issue of a search warrant relating to the proceeds of the crime within the jurisdiction of the ICC or a property tracking document; and
(b) the Attorney General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) proceeds of the crime, or a property tracking document in relation to the crime, is reasonably suspected of being located in Australia;
the Attorney General may authorise an authorised officer of an enforcement agency to apply to a magistrate of a specified State or Territory for a search warrant under the Proceeds of Crime Act in relation to the proceeds or document.

Part 6—Search, seizure and powers of arrest

Division 1—Search warrants


111 When search warrants can be issued

(1) A magistrate may issue a warrant to search premises if:
(a) an application has been made to the magistrate under subsection 27(1) or 78(1); and
(b) the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or within the applicable period referred to in subsection (3) of this section will be, any evidential material at the premises.

(2) A magistrate may issue a warrant authorising an ordinary search or a frisk search of a person if:
(a) an application has been made to the magistrate under subsection 27(2) or 78(2); and
(b) the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that the person has, or within the applicable period referred to in subsection (3) of this section will have, any evidential material in his or her possession.

(3) For the purposes of subsections (1) and (2), the applicable period is:
(a) if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 116—48 hours; or
(b) otherwise—72 hours.

(4) If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person must state that suspicion, and the grounds for that suspicion, in the information.

(5) If the person applying for the warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises, the person must state particulars of those applications and their outcome in the information.

(6) A magistrate in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory.

(7) A magistrate in a State may:
(a) issue a warrant in relation to premises or a person in that State; or
(b) issue a warrant in relation to premises or a person in an external Territory; or
(c) issue a warrant in relation to premises or a person in another State or in the Jervis Bay Territory if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or
(d) issue a warrant in relation to a person wherever the person is in Australia if he or she is satisfied that it is not possible to predict where the person may be.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 1—Preliminary

4 Definitions

In this Act, unless the contrary intention appears:

...

evidence includes expert evidence.

evidential material means a thing relevant to a crime within the jurisdiction of the ICC, including such a thing in electronic form.

examination of a site that is a grave includes exhumation of the grave.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 1—Preliminary

4 Definitions

In this Act, unless the contrary intention appears:

ordinary search means a search of a person or of articles in the possession of a person that may include:

requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
an examination of those items.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 1—Preliminary

4 Definitions

In this Act, unless the contrary intention appears:

search warrant (except in Part 4) means a warrant issued under section 111.

seizable item means anything that would present a danger to a person or could be used to assist a person to escape from lawful custody.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 1—Preliminary

4 Definitions

In this Act, unless the contrary intention appears:

strip search means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove all of his or her garments; and

(b) an examination of the person’s body (but not of the person’s body cavities) and of those garments.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 2—General provisions relating to requests by the ICC for cooperation

7 What constitutes a request for cooperation

(1) A request for cooperation is a request made by the ICC to Australia, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, for:

(a) assistance in connection with any one or more of the following:

...
the execution of searches and seizures

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons

27 Application for search warrants

(1) If:

a person is arrested under a warrant issued under section 20 or 21; and

a police officer has reasonable grounds for suspecting that evidential material relating to a crime within the jurisdiction of the ICC in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, at any premises;

the police officer may, by an information on oath that sets out the grounds for the suspicion, apply for a search warrant in relation to the premises to search for that material.

(2) If:

a person is arrested under a warrant issued under section 20 or 21; and

a police officer has reasonable grounds for suspecting that evidential material relating to a crime within the jurisdiction of the ICC in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, in a person’s possession;

the police officer may, by an information on oath that sets out the grounds for the suspicion, apply for a search warrant in relation to the person to search for the material.

(3) For the purposes of this section, the applicable period is:

if the application for the warrant is made by telephone, telex, fax or other electronic means, as
provided by section 116- 48 hours; or otherwise-72 hours.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 10—Examination of places or sites

76 Assistance in examining places or sites

(1) This section applies if:

the ICC requests assistance in examining places or sites in Australia; and

the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.

(2) The Attorney-General is to execute the request by authorising, in writing, the examination of the places or sites.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision F—Search warrants relating to proceeds of crime and property-tracking documents

97 Requests for search warrants

(1) If:

the request from the ICC referred to in section 81 involves the issue of a search warrant relating to the proceeds of the crime within the jurisdiction of the ICC or a property-tracking document; and

the Attorney-General is satisfied that:

the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

proceeds of the crime, or a property-tracking document in relation to the crime, is reasonably suspected of being located in Australia;

the Attorney-General may authorise an authorised officer of an enforcement agency to apply to a magistrate of a specified State or Territory for a search warrant under the Proceeds of Crime Act in relation to the proceeds or document.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision F—Search warrants relating to proceeds of crime and property-tracking documents

97 Requests for search warrants

(1) If:

the request from the ICC referred to in section 81 involves the issue of a search warrant relating to the proceeds of the crime within the jurisdiction of the ICC or a property-tracking document; and
the Attorney-General is satisfied that:

the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and proceeds of the crime, or a property-tracking document in relation to the crime, is reasonably suspected of being located in Australia;

the Attorney-General may authorise an authorised officer of an enforcement agency to apply to a magistrate of a specified State or Territory for a search warrant under the Proceeds of Crime Act in relation to the proceeds or document.

(2) The State or Territory specified must be a State or Territory in which:

the proceeds, or some or all of the proceeds, are reasonably suspected of being located; or

the document is, or some or all of the documents are, reasonably suspected of being located.

98 Applying for and issuing search warrants

If so authorised, the authorised officer may apply for such a search warrant, in relation to those proceeds or that document, in respect of the crime.

Part 3-5 of the Proceeds of Crime Act applies to the application, and to any search warrant issued as a result.

It applies as if: references in that Part to a property-tracking document were references to a property-tracking document relating to the crime; and

references in that Part to a magistrate were references to a magistrate of the State or Territory specified in the authorised officer’s authorisation under subsection 97(1); and
paragraph 228(1)(d) and sections 256 to 258 of that Act were omitted.

99 Seizure of other property and documents
(1) A search warrant issued under Part 3-5 of the Proceeds of Crime Act in relation to a crime within the jurisdiction of the ICC authorises an authorised officer to seize property or a thing that he
or she finds and believes on reasonable grounds to be:

proceeds of the crime or a property-tracking document in relation to the crime, although not of the kind specified in the warrant; or

proceeds of, or a property-tracking document in relation to, another crime within the jurisdiction of the ICC in relation to which a search warrant issued under that Part is in force; or something that:

is relevant to a proceeding in the ICC in respect of the crime within the jurisdiction of the ICC; or
will afford evidence as to the commission of an Australian criminal offence.

(2) However, this section only applies if the authorised officer believes on reasonable grounds that it is necessary to seize the property or thing in order to prevent its concealment, loss or destruction or its use in committing an offence.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 6—Search, seizure and powers of arrest

Division 1—Search warrants

111 When search warrants can be issued

(1) A magistrate may issue a warrant to search premises if:

an application has been made to the magistrate under subsection 27(1) or 78(1); and

the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or within the applicable period referred to in subsection (3) of this section will be, any evidential material at the premises.

(2) A magistrate may issue a warrant authorising an ordinary search or a frisk search of a person if:

an application has been made to the magistrate under subsection 27(2) or 78(2); and

the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that the person has, or within the applicable period referred to in subsection (3) of this section will have, any evidential material in his or her possession.

(3) For the purposes of subsections (1) and (2), the applicable period is:

if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 116- 48 hours; or otherwise-72 hours.

(4) If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person must state that suspicion, and the grounds for that suspicion, in the information.

(5) If the person applying for the warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises, the person must state particulars of those applications and their outcome in the information.

A magistrate in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory.

A magistrate in a State may:

issue a warrant in relation to premises or a person in that State; or

issue a warrant in relation to premises or a person in an external Territory; or

issue a warrant in relation to premises or a person in another State or in the Jervis Bay Territory if he
or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or

issue a warrant in relation to a person wherever the person is in Australia if he or she is satisfied that it is not possible to predict where the person may be.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;