Western Australian Current Acts Western Australian Current Acts (1) An application for
a warrant may be made by —
(a) a
member of the police force of the State;
(aa) an
officer of the Corruption and Crime Commission;
(b) in
the case of a designated Commission, a person authorised by the designated
Commission; or
(c) a
member of the staff of the Australian Crime Commission.
(2) An application may
be made to obtain a warrant on behalf of another law enforcement officer.
(3) Subject to
section 16, an application for a warrant is required to be in writing and
—
(a) in
the case of an application by a member of the police force of the State, is
required to attach an authorisation of the Commissioner of Police, a Deputy
Commissioner of Police or an Assistant Commissioner of Police for the action
proposed;
(aa) in
the case of an application by an officer of the Corruption and Crime
Commission, is required to attach an authorisation of the Corruption and Crime
Commission for the action proposed;
(b) in
the case of an application by an officer of a designated Commission, is
required to attach an authorisation of the designated Commission or a person
delegated by the designated Commission for the action proposed;
(c) in
the case of an application by a member of the staff of the Australian Crime
Commission, is required to attach an authorisation of the Chair of the Board
of the Australian Crime Commission or a person delegated by the Chair of the
Board of the Australian Crime Commission for the action proposed;
(d) in
the case of an application referred to in subsection (2), is required to
specify the name of the other law enforcement officer on whose behalf the
warrant is requested;
(e) is
required to specify the nature of the warrant requested and set out the
grounds on which the application is based;
(f) is
required to include an affidavit of —
(i)
the member of the police force of the State, an officer
of the Corruption and Crime Commission, an officer of a designated Commission
or member of the staff of the Australian Crime Commission in charge of the
investigation; or
(ii)
in the case of an application referred to in subsection
(2), the law enforcement officer on whose behalf the warrant is requested,
deposing to the facts
required by the court to enable the court to deal with the application in
accordance with section 13 or 14;
(g) is
required to specify a period not longer than 90 days for which it is requested
that the warrant be in force and give reasons for that specification;
(h) may
request that the warrant authorise entry, by force if necessary, into or onto
specified premises;
(i)
may request that the warrant authorise the use of a
surveillance device in respect of the private conversations or private
activities or geographical location of a specified person or a person whose
identity is unknown and request that the warrant authorise entry into or onto
any premises where the person is reasonably believed to be or likely to be or
premises adjoining or providing access to those premises; and
(j) may
request that the warrant authorise the use of a surveillance device in or on a
specified object and request that the warrant authorise entry, by force if
necessary, into or onto premises where the object is reasonably believed to be
or is likely to be or other premises adjoining or providing access to those
premises.
(4) A court may
require further information to be given, orally or by affidavit, in relation
to an application for a warrant.
[Section 15 amended: No. 78 of 2003 s. 74; No. 74
of 2004 s. 72(3) and (4); No. 30 of 2006 s. 19.]