Crimes Act 1914

Part IAAA - Delayed notification search warrants  

Division 2 - Issue of delayed notification search warrants  

Subdivision A - The normal process for applying for and issuing delayed notification search warrants  

SECTION 3ZZBE   Contents of a delayed notification search warrant  

(1)    
A delayed notification search warrant must specify the following:

(a) the name of the applicant;

(b) the name of the authorised agency;

(c) the name of the eligible officer of that agency who, unless he or she inserts the name of another such eligible officer in the warrant, is to be responsible for executing the warrant;

(d) the address, location or other description of the warrant premises;

(e) the eligible offence or offences to which the warrant relates;

(f) whether the warrant authorises the entry of adjoining premises, and if it does, the address, location or other description of the adjoining premises;

(g) the day on which, and the time at which, the warrant is issued;

(h) the day on which, and the time at which, the warrant expires (which must be a time on a day that is not more than 30 days after the day on which the warrant is issued);

(i) the time by which notice of entry of premises under the warrant is to be given (expressed as a time on a specified day that is not more than 6 months after the day on which the warrant is issued);

(j) a description of the kinds of things that may be searched for, seized, copied, photographed, recorded, marked, tagged, operated, printed, tested or sampled;

(k) whether the warrant authorises a thing to be placed in substitution for a thing seized under the warrant or moved under subsection 3ZZCE(2) ;

(l) whether the warrant authorises the re-entry of the warrant premises, and any adjoining premises authorised to be entered, to:

(i) return to the warrant premises any thing seized under the warrant or moved under subsection 3ZZCE(2) ; or

(ii) retrieve any thing substituted at the warrant premises for a thing seized under the warrant or moved under subsection 3ZZCE(2) ;

(m) if the warrant authorises such re-entry - that the re-entry must be within:

(i) 14 days of the day of execution of the warrant; or

(ii) if a thing is moved under subsection 3ZZCE(2) and the time for which it may be examined or processed is more than 14 days because of an extension under section 3ZZCE - that time as extended under that section;

(n) any conditions to which the warrant is subject;

(o) that the eligible issuing officer is satisfied as mentioned in paragraph 3ZZBD(1)(b) , and has had regard to the matters specified in subsection 3ZZBD(2) .

Note 1:

Regarding paragraph (i):

(a) the specified time is the time by which a warrant premises occupier ' s notice, and any adjoining premises occupier ' s notice, must be given (subject to subsections 3ZZDA(4) , 3ZZDB(4) and 3ZZDC(3) ); and

(b) the specified time can be extended (see subsection 3ZZDC(5) ).

Note 2:

Regarding the period described in paragraph (m), see also subsection 3ZZCA(3) .

(2)    
The warrant must be signed by the eligible issuing officer who issued it and include his or her name.