Part III—Assistance in relation to search and seizure
15 Requests by foreign countries for search and seizure—action by Attorney General
Where:
(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that evidential material relating to the investigation or proceeding is located in Australia; and
(c) the foreign country requests the Attorney General to arrange for the evidential material to be obtained;
the Attorney General may, in his or her discretion, authorise a police officer, in writing, to apply to a Magistrate or eligible Federal Circuit Court Judge for one or more search warrants in respect of the evidential material.
Note: Divisions 2 and 3 of Part VIIA make provision relating to applications for, and the issue and execution of, search warrants requested by foreign countries.
Part VIIA—Search, seizure and powers of arrest
Division 2—Issue of search warrants
38B Application for search warrant
(1) This section applies if a police officer has been authorised under section 15 to apply for a search warrant in respect of evidential material relating to an investigation or proceeding in a foreign country that relates to a criminal matter involving a serious offence.
(2) If the police officer has reasonable grounds for suspecting that the evidential material:
(a) is on any particular premises; or
(b) will, within the applicable period, be on any particular premises;
the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search those premises for the evidential material.
Note: For applicable period see subsection (4).
(3) If the police officer has reasonable grounds for suspecting that a person:
(a) is in possession of the evidential material; or
(b) will, within the applicable period, be in possession of the evidential material;
the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search that person for the evidential material.
Note: For applicable period see subsection (4).
1. Les États Parties font droit, conformément aux dispositions du présent chapitre et aux procédures prévues par leur législation nationale, aux demandes d'assistance de la Cour liées à une enquête ou à des poursuites et concernant :
a) L'identification d'une personne, le lieu où elle se trouve ou la localisation de biens ;