Section 312D — Crimes Act 1961: Contents and term of warrant

312D Contents and term of warrant (1) Every interception warrant shall be issued in the prescribed form, and shall— (a) State the offence or offences in respect of which the warrant is granted; and (b) state,— (i) in the case of a warrant granted under section 312C , the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect's name and address are not known, the premises, place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; or (ii) in the case of a warrant granted under section 312CB , the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect's name and address are not known, the premises, place, thing, or type of facility in respect of which private communications may be intercepted, being premises or a place, thing, or type of facility believed to be used for any purpose by any person— (A) whom it is believed has committed or is committing or is about to commit a serious violent offence; or (B) whom it is believed was involved or is involved or will be involved in the commission of a serious violent offence; and. (c) Specify the commissioned officer of Police who (with any other member of the Police for the time being assisting the commissioned officer) may intercept the private communications; and (d) Where the Judge considers it necessary, contain express authority to enter (with force, where necessary) any aircraft, ship, hovercraft, carriage, vehicle, or premises for the purpose of placing, servicing, or retrieving an interception device; and (e) Contain such additional terms and conditions as the Judge considers advisable in the public interest. (2) Without limiting subsection (1) of this section, where it is proposed to place an interception device in the residential or business premises of a person who is a barrister or solicitor, or a clergyman, or a medical practitioner, the Judge shall prescribe such conditions (if any) as the Judge considers desirable to avoid so far as practicable the interception of communications of a professional character to which the barrister or solicitor or clergyman or medical practitioner is a party. (3) Every interception warrant shall be valid for such period, not exceeding 30 days, as the Judge shall specify in the warrant. Part 11A, comprising sections 312A to 312Q, was inserted, as from 1 August 1987, by section 4 Crimes Amendment Act (No 2) 1987 (1987 No 167). Section 312D was amended, as from 1 February 1998, by section 13(1) Crimes Amendment Act (No 2) 1997 (1997 No 93) by substituting the words “ prescribed form ” for the words “ form set out in Schedule 6 to this Act ” . Section 312D was amended, as from 1 October 2003, by section 23(1) Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ an interception device ” for the words “ a listening device ” in both places they appear. Subsection (1)(b) was substituted, as from 1 February 1998, by section 13(2) Crimes Amendment Act (No 2) 1997 (1997 No 93). Subsection (1)(b) was substituted, as from 1 October 2003, by section 23(2) Crimes Amendment Act 2003 (2003 No 39). Subsection (2) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “ registered ” in both places where it occurred. See sections 178 to 227 of that Act as to the transitional provisions.