Crimes Act 1914

Part IAAA - Delayed notification search warrants  

Division 6 - Reporting and record-keeping  

SECTION 3ZZFA   Reporting on delayed notification search warrants  

(1)    
The executing officer in relation to a delayed notification search warrant, or the applicant for the warrant, must give a written report on the warrant to the chief officer of the authorised agency.

(2)    
The report must be given to the chief officer of the authorised agency as soon as practicable after:

(a) the day of execution of the warrant; or

(b) if the warrant was not executed - the expiry of the warrant.

(3)    
The report must:

(a) specify the address, location or other description of the warrant premises; and

(b) state whether or not the warrant was executed; and

(c) state whether the application for the warrant was made in person or in accordance with section 3ZZBF .

(4)    
If the warrant was executed, the report must also include the following information:

(a) the day of execution of the warrant;

(b) the name of the executing officer;

(c) the name of any persons assisting and the kind of assistance provided;

(d) the name of the occupier of the warrant premises, if known to the executing officer;

(e) whether adjoining premises were entered under the warrant and, if they were, the name of the occupier of the adjoining premises, if known to the executing officer;

(f) the things that were done under the warrant;

(g) without limiting paragraph (f) - details of any thing at the warrant premises:

(i) seized; or

(ii) replaced with a substitute; or

(iii) copied, photographed or otherwise recorded; or

(iv) marked or tagged; or

(v) operated, printed, tested or sampled;

(h) whether or not the execution of the warrant assisted in the prevention or investigation of an eligible offence;

(i) details of compliance with any conditions to which the warrant was subject;

(j) details of any warrant premises occupier ' s notice given in relation to the warrant;

(k) details of any adjoining premises occupier ' s notice given in relation to the warrant;

(l) details of any directions given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant.

(5)    
To avoid doubt, if, at the time a report was given, the details in any of paragraphs (4)(j), (k) and (l) were not included because notice or directions had not been given at that time, but are given later, the person who gave the original report under subsection (1) must give a further report under that subsection including those details.

(6)    
If the warrant was not executed, the report must state the reason why it was not executed.

(7)    
If the warrant premises were entered after the warrant was executed for the purpose of returning a thing to, or retrieving a thing left at, the premises, a written report in relation to that entry must be provided to the chief officer of the authorised agency. The report must include the following information:

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

(b) the date on which the warrant premises were entered for that purpose;

(c) the name of each person who so entered the warrant premises;

(d) details of the thing returned or retrieved;

(e) if the thing was not returned or retrieved - the reason why the thing was not returned or removed.

(8)    
A report under subsection (7) must be given as soon as practicable after the warrant premises were entered as mentioned in that subsection.

(9)    
A report under this section is not a legislative instrument.