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 11 Search and seizure
77 Attorney-General may authorise applications for search warrants
(1) This section applies if:
the ICC makes a request to the Attorney-General compliance with which may involve the issue of a search warrant in relation to evidential material; 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
there are reasonable grounds to believe that the material is in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing, a police officer to apply to a magistrate of the State or Territory in which that material is believed to be located for a search warrant.
78 Applications for search warrants
(1) If:
a police officer is authorised under section 77 to apply for a search warrant; and
the police officer has reasonable grounds for suspecting that the evidential material 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 setting out the grounds for that suspicion, apply for a search warrant in relation to the premises to search for that material.
(2) If:
a police officer is authorised under section 77 to apply for a search warrant; and
the police officer has reasonable grounds for suspecting that the evidential material 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 setting out the grounds for that suspicion, apply for a search warrant in relation to that person to search for that 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.
Search and seizure
Search and seizure - national procedures for ICC proceedings
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