Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision C - Search warrants in respect of things believed to be evidential material  

SECTION 199A   WHEN SEARCH WARRANTS RELATING TO PERSONS CAN BE ISSUED  

199A(1)    
A judicial officer may issue a warrant authorising an ordinary search or a frisk search of a person if the judicial officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that the person has in the person ' s possession, or will within the next 72 hours have in the person ' s possession, any computer, or data storage device, that is evidential material.

199A(2)    
If the person applying for the warrant has, at any time previously, applied for a warrant under this section relating to the same person, the person applying for the warrant must state particulars of those applications, and their outcome, in the information.

199A(3)    
If a judicial officer issues a warrant, the judicial officer is to state in the warrant:

(a) the offence to which the warrant relates; and

(b) the name or description of the person to whom the warrant relates; and

(c) the name of the authorised person who, unless the authorised person inserts the name of another authorised person in the warrant, is to be responsible for executing the warrant; and

(d) the time at which the warrant expires (see subsection (4) ); and

(e) whether the warrant may be executed at any time or only during particular hours.

199A(4)    
The time stated in the warrant under paragraph (3)(d) as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued.

Example:

If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.

199A(5)    
The judicial officer is also to state, in a warrant in relation to a person:

(a) that the warrant authorises the seizure of a computer or data storage device found, in the course of the search, on or in the possession of the person or in a recently used conveyance, if the executing officer or a person assisting believes on reasonable grounds that:

(i) the computer or device is evidential material in relation to an offence to which the warrant relates; and

(ii) the seizure of the computer or device is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and

(b) the kind of search of a person that the warrant authorises.

199A(6)    
Paragraph (3)(d) and subsection (4) do not prevent the issue of successive warrants in relation to the same person.