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Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(b) the investigator must complete a form of warrant in the terms given
to the investigator by the magistrate and write on it the magistrate’s
name and the date and time when the warrant was signed.
(5) Where an investigator completes a form of warrant, the investigator must,
not later than the day after:
(a) the day on which the warrant ceases to have effect; or
(b) the day on which the warrant is executed;
whichever happens first, send the magistrate who signed the warrant the
form of warrant completed by the investigator and the information duly
sworn in connection with the warrant.
(6) Upon receipt of the documents mentioned in subsection (5), the
magistrate must attach to them the warrant signed by the magistrate and
deal with the documents in the same way that the magistrate would have
dealt with the information if the application for the warrant had been
made under section 32AF.
(7) The form of warrant completed by an investigator under subsection (4) is,
if it is in accordance with the terms of the warrant signed by the
magistrate, authority for any entry, search, seizure or other exercise of a
power that the warrant so signed authorised.
(8) Where, in any proceedings, the court must be satisfied that an entry,
search, seizure, or other exercise of power, was authorised under this
section, and the warrant signed by a magistrate under this section
authorising the entry, search, seizure, or other exercise of power, is not
produced in evidence, the court must assume, unless the contrary is
proved, that the entry, search, seizure, or other exercise of power, was not
authorised by such a warrant.
32AH Discovery of evidence
(1) Where an investigator who enters premises under section 32AE or under
a warrant under section 32AF or 32AG finds the thing (in this subsection
called evidence) which the investigator entered the premises to find:
(a) the investigator may seize the evidence; and
(b) the investigator may keep the evidence for 60 days or, if a
prosecution for an offence against this Act or the regulations, in the
commission of which the evidence may have been used or otherwise
involved, is started within that period, until the completion of the
proceedings for the offence and of any appeal in relation to the
proceedings; and
(c) if the evidence is a book, record or document — while the
investigator has possession of the evidence, the investigator must
allow it to be inspected at any reasonable time by anyone who would
be entitled to inspect it if it were not in the investigator’s possession.
(2) If, in the course of searching premises entered under section 32AE or
under a warrant under section 32AF or 32AG, the investigator:
(a) finds a thing that he or she believes on reasonable grounds to be:
64 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(i) a thing (other than the evidence mentioned in subsection (1))
that will afford evidence of the commission of the offence
mentioned in that subsection; or
(ii) a thing that will afford evidence of the commission of another
offence against this Act or the regulations; and
(b) the investigator believes, on reasonable grounds that it is necessary
to seize the thing to prevent its concealment, loss or destruction:
subsection (1) applies to the thing as if it were the evidence mentioned in
that subsection.
(3) CASA may, in writing, authorise the release of any thing seized under
subsection (2) to its owner, or to the person from whom it was seized,
either unconditionally or subject to such conditions as CASA thinks fit.
Civil Aviation Act 1988 65
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
32AHA Magistrate may permit a thing to be retained
(1) A magistrate may, on application made by an investigator, make an order
under this section in respect of a thing seized under section 32AH if
proceedings in respect of which the thing may afford evidence have not
commenced, or there is a reasonable likelihood that such proceedings will
not commence, by the later of the following times:
(a) the end of 60 days after the seizure;
(b) if a previous order has been made under this section in respect of the
thing — the end of the period specified in the previous order.
(2) Before making the application, the investigator must:
　
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