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CRIMES ACT 1914 SECT 3ZA
3ZA Warrants for arrest
- (1)
- An issuing officer must not, under a law of a State or
Territory applied by section 68
of the Judiciary
Act 1903 , issue a warrant for the arrest of a
person for an offence as a result of an information laid
before the officer unless:
- (a)
- the information is on oath; and
- (b)
- except where the issuing officer is informed that
the warrant is sought for the purpose of making a
request for the extradition of a person from a foreign
country—the informant has given the issuing officer
an affidavit setting out the reasons why the warrant
is sought, including:
- (i)
- the reasons why it is believed that the person
committed the offence; and
- (ii)
- the reasons why it is claimed that proceedings by
summons would not achieve one or more of the
purposes set out in paragraph
3W(1)(b); and
- (c)
- if the issuing officer has requested further
information concerning the reasons for which the issue
of the warrant is sought—that information has been
provided to the officer; and
- (d)
- the issuing officer is satisfied that there are
reasonable grounds for the issue of the warrant.
- (2)
- If an issuing officer issues such a warrant, the officer
must write on the affidavit which of the reasons specified
in the affidavit, and any other reasons, he or she has
relied on as justifying the issue of the warrant.
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