Crimes Act 1914

Part IAAA - Delayed notification search warrants  

Division 2 - Issue of delayed notification search warrants  

Subdivision D - Interaction with other provisions under which search warrants may be issued  

SECTION 3ZZBJ   Issue of warrants under other provisions as well as or instead of delayed notification search warrants  
When this section applies

(1)    
This section applies if an eligible officer of an eligible agency, under an authorisation under section 3ZZBB from the chief officer of the agency, makes an application (the delayed notification search warrant application ) to an eligible issuing officer for a delayed notification search warrant:

(a) in respect of particular premises; and

(b) in relation to a particular eligible offence.

(2)    
The applicable normal search warrant regime is Division 2 of Part IAA .

Application may be made to eligible issuing officer for normal search warrant

(3)    
The eligible officer may, at the same time or subsequently, make an application to the eligible issuing officer for the issue of a warrant, under the applicable normal search warrant regime, to search the premises or other premises for evidential material relevant to the eligible offence or to another offence connected to the eligible offence.

(4)    
If the eligible issuing officer is not a person who is authorised to issue warrants under the applicable normal search warrant regime, the eligible issuing officer may consider and deal with an application made as mentioned in subsection (3) as if the eligible issuing officer were such a person.

Eligible issuing officer may instead treat application as if it were made under applicable normal search warrant regime

(5)    
If the eligible issuing officer is not satisfied that a delayed notification search warrant in respect of the premises should be issued, the eligible issuing officer may:

(a) treat the delayed notification search warrant application as if it were an application for a warrant under the applicable normal search warrant regime (even if such an application has not been made); and

(b) consider and deal with the application under that regime:

(i) as if the application had been validly made under that regime; and

(ii) if the eligible issuing officer is not a person who is authorised to issue warrants under the applicable normal search warrant regime - as if the eligible issuing officer were such a person.