Criminal Investigation (Extra-territorial Offences) Act 1987

Western Australia

Criminal Investigation (Extra‑territorial Offences) Act 1987

An Act to provide for the issue of search warrants for the investigation in this State of certain offences against the law of other States or Territories of the Commonwealth; and for connected purposes.

1.Short title

This Act may be cited as the Criminal Investigation (Extra‑territorial Offences) Act 1987 1.

2.Commencement

This Act shall come into operation on a day to be fixed by proclamation 1.

3.Interpretation

(1)In this Act —

“appropriate authority” means —

(a)in relation to another State of the Commonwealth, or a Territory of the Commonwealth (other than the Australian Capital Territory) — an authority exercising in relation to the Police Force of that State or Territory functions corresponding to those of the Commissioner of Police in relation to the Police Force of this State;

(b)in relation to the Australian Capital Territory — the Commissioner of the Australian Federal Police;

“corresponding law” means a law of another State or of a Territory, of the Commonwealth declared by proclamation to be a corresponding law;

“night” means the period commencing at 7 p.m. in each evening and ending at 7 a.m. the following morning;

“offence to which this Act applies” means an indictable offence against the law of a reciprocating State (being an offence arising from an act, omission or state of affairs which, if done or occurring in this State, would attract criminal liability under the law of this State);

“owner”, of an object, includes a person entitled to possession of the object;

“premises” means a building, structure or place (whether built upon or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;

“reciprocating State” 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 warrant under this Act, authorising a search of premises.

(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, upon the application of a member of the Police Force, a justice is satisfied that there are reasonable grounds 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 justice may issue a search warrant in respect of those premises.

(2)The grounds of an application for a search warrant must be verified by evidence in writing under oath.

(3)A justice by whom a search warrant is issued shall file the warrant, or a copy of the warrant, and the evidence verifying the grounds on which the application for the warrant was made, in the Magistrates Court at Perth.

[Section 4 amended by No. 59 of 2004 s. 141; No 84 of 2004 s. 80.]

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

(1)A search warrant authorises any member of the Police Force, with such assistants as he thinks necessary, to enter and search the premises to which the warrant relates, and anything in those premises.

(2)Subject to any direction by a justice authorising execution of a search warrant at night, or during specified hours of the night, it shall not be executed at night.

(3)A member of the Police Force, or a person assisting him, may use such force as is reasonably necessary for the execution of a search warrant.

(4)A member of the Police Force 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 in force under section 7.

(6)A member of the Police Force who executes a search warrant —

(a)shall prepare a notice in the prescribed form containing —

(i)his own name and rank;

(ii)the name of the justice who issued the warrant and the date and time of its issue; and

(iii)a description of any objects 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 respect of which the warrant was issued or leave it for him in a prominent position on those premises.

(7)A search warrant, if not executed at the expiration of one month from the date of its issue, shall then expire.

6.Offence of hindering execution of search warrant

A person who, without lawful excuse, hinders a member of the Police Force, or a person assisting him, in the execution of a search warrant shall be guilty of a summary offence.

Penalty: $2 000.

[Section 6 amended by No. 50 of 2003 s. 52(2).]

7.Ministerial arrangements for transmission and return of objects seized under this Act, or under a corresponding law

(1)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 Territory 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 of Police;

and

(b)objects seized under the 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 of Police; 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.

(2)The owner of an object returned to the Commissioner of Police in pursuance of arrangements under subsection (1) is entitled to the return of the object.

(3)The right conferred by subsection (2) is enforceable by action in detinue in any court of competent jurisdiction.

8.Protection of Commissioner and members of the Police Force

No action or proceeding, civil or criminal, shall lie against the Commissioner of Police or any member of the Police Force 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 of Police or member of the Police Force in the exercise or purported exercise of a power or duty under this Act.

9.Regulations

The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.

Notes

1This is a compilation of the Criminal Investigation (Extra-territorial Offences) Act 1987 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Criminal Investigation (Extra‑territorial Offences) Act 1987	67 of 1987	22 Nov 1987	5 May 1989 (see s. 2 and Gazette 5 May 1989 p. 1367)
Reprint of the Criminal Investigation (Extra‑territorial Offences) Act 1987 as at 23 Aug 2002
Sentencing Legislation Amendment and Repeal Act 2003 s. 52	50 of 2003	9 Jul 2003	15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))