Criminal Investigation (Extra-Territorial Offences) Act 1987


Published: 2019-09-30

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Criminal Investigation (Extra-Territorial Offences) Act 1987

An Act to provide for the issue of search warrants for the investigation in Tasmania of certain offences against the law of other States or Territories of the Commonwealth and for other purposes

[Royal Assent 29 April 1987]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Criminal Investigation (Extra-Territorial Offences) Act 1987 .

2.   Commencement

(1)  This section and section 1 commence on the date on which this Act receives the Royal Assent.
(2)  Except as provided in subsection (1) , this Act shall commence on such date as may be fixed by proclamation.

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –
appropriate authority means –
(a) [Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] in relation to another State, or a Territory, of the Commonwealth for which a separate police force has been constituted – an authority exercising in relation to the police force of that State or Territory functions corresponding to those of the Commissioner in relation to the Police Service of this State; and
(b) in relation to a Territory of the Commonwealth for which a separate police force has not been constituted – the Commissioner of the Australian Federal Police;
[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Commissioner means the Commissioner of Police;
corresponding law means a law of another State, or of a Territory, of the Commonwealth declared under subsection (3) to be a corresponding law;
night means the interval between 9 p.m. and 6 a.m. of the next day;
offence to which this Act applies means an indictable offence against the law of a reciprocating State or Territory (being an offence arising from an act, omission, event, or state of affairs which, if done or occurring in Tasmania, would attract criminal liability under the law of this State);
owner, in relation to an object, includes a person entitled to possession of the object;
[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]
premises means a building, structure, or land (whether built on or not, and whether enclosed or unenclosed) and includes an aircraft, vessel, hovercraft, or vehicle;
reciprocating State or Territory means another State, or a Territory, of the Commonwealth –
(a) in which a corresponding law is in force; and
(b) in relation to which arrangements are in force under section 7 ;
search warrant means a search warrant in force under section 4 .
(2)  For the purposes of this Act –
(a) anything obtained by the commission of an offence, used for the purpose of committing an offence, or in respect of which an offence has been committed;
(b) anything that may afford evidence of the commission of an offence; or
(c) anything intended to be used for the purpose of committing an offence –
is an object relevant to the investigation of the offence.
(3)  The Governor may, by proclamation, declare a law of another State, or of a Territory, of the Commonwealth to be a corresponding law and may, by subsequent proclamation, vary or revoke any such declaration.

4.   Issue of search warrants

(1)  Where, on the application of a police officer, a magistrate is satisfied that there is reasonable ground to believe –
(a) that an offence to which this Act applies has been, or is intended to be, committed; and
(b) that there is in any premises an object relevant to the investigation of that offence –
the magistrate may issue a search warrant in respect of those premises.
(2)  The grounds of an application for a search warrant must be verified by affidavit.

5.   Authority conferred by, and other incidents of, a search warrant

(1)  A search warrant authorizes any police officer, with such assistants as he thinks necessary, to enter and search the premises to which the warrant relates and anything in or on those premises.
(2)  Subject to any direction by a magistrate authorizing execution of a search warrant at night, or during specified hours of the night, it shall not be executed at night.
(3)  A police officer, or a person assisting him, may use such force as is reasonably necessary for the execution of a search warrant.
(4)  A police officer executing a search warrant may seize and remove any object that he believes on reasonable grounds to be relevant to the investigation of the offence in relation to which the warrant was issued.
(5)  An object seized and removed under subsection (4) shall be dealt with in accordance with arrangements entered into under section 7 .
(6)  A police officer who executes a search warrant –
(a) shall prepare a notice, in the prescribed form, containing –
(i) his name and rank;
(ii) the name of the magistrate who issued the warrant and the date and time of its issue; and
(iii) a description of any object seized and removed in pursuance of the warrant; and
(b) shall, as soon as practicable after execution of the warrant, give the notice to the occupier of the premises in relation to which the warrant was issued or leave it for him in a prominent position on those premises.
(7)  A search warrant, if not executed before the expiration of 28 days after the date of its issue shall on the expiration of that period expire.

6.   Offence to hinder execution of search warrant

[Section 6 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who, without lawful excuse, hinders a police officer, or a person assisting him, in the execution of a search warrant is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.

7.   Ministerial arrangements for transmission and return of objects seized

The Minister may enter into arrangements with a Minister to whom the administration of a corresponding law is committed under which –
(a) objects seized under this Act that may be relevant to the investigation of an offence against the law of the State, or of a Territory, of the Commonwealth in which the corresponding law is in force –
(i) are to be transmitted to the appropriate authority in that State or Territory for the purposes of investigation of, or proceedings in respect of, that offence; and
(ii) when no longer required for the purposes of any such investigation or proceedings, are (unless disposed of by order or direction of a court) to be returned to the Commissioner; and
(b) objects seized under a corresponding law that may be relevant to the investigation of an offence against the law of this State –
(i) are to be transmitted to the Commissioner; and
(ii) when no longer required for the purposes of investigation of an offence, or proceedings in respect of an offence, are (unless disposed of by order or direction of a court) to be returned to the appropriate authority in the State or Territory in which they were seized.

8.   Returned objects

(1)  Where an object seized under this Act and transmitted to the appropriate authority under an arrangement referred to in section 7 is returned to the Commissioner in pursuance of that arrangement, the Commissioner shall, within 28 days after receipt of the object, by notice in writing, require the person from whom the object was seized, or a person appearing to the Commissioner to be the owner of the object, to claim delivery of the object.
(2)  If no claim is made within the 28 days referred to in subsection (1) , the object is forfeited to the Crown.
(3)  Where a person served with a notice under subsection (1) makes a claim for the delivery of an object to which the notice relates the Commissioner shall –
(a) where the object is required by the Commissioner in connection with the investigation of an offence, retain the object for that purpose; and
(b) in any other case –
(i) return the object to the claimant; or
(ii) refer the claim to a court of petty sessions –
and advise the claimant, in writing, accordingly.
(4)  The court of petty sessions may deal with a claim referred to it, under subsection (3) (b) (ii) as if it were an application under section 138 of the Justices Act 1959 .

9.   Protection of Commissioner

No action or proceeding, civil or criminal, lies against the Commissioner for or in respect of an act or thing done or omitted to be done in good faith by him in his capacity as Commissioner in the exercise or purported exercise of a power under section 8 .

10.   Regulations

The Governor may make regulations prescribing matters –
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.