Crimes Act 1914
Part IAAA
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Delayed notification search warrants
Division 2
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Issue of delayed notification search warrants
Subdivision A
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The normal process for applying for and issuing delayed notification search warrants
SECTION 3ZZBB
Authorisation to apply for a delayed notification search warrant
Scope
(1A)
This section applies if an eligible officer of an eligible agency seeks the authorisation of the chief officer of the agency to apply for a delayed notification search warrant in respect of particular premises.
Authorisation
(1)
The chief officer may, in writing, authorise the eligible officer to apply for the delayed notification search warrant if the chief officer is satisfied that there are reasonable grounds for the eligible officer to have:
(a) the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and
(b) the belief mentioned in paragraph 3ZZBA(c) .
(2)
The chief officer may orally (in person or by telephone or other means of voice communication) authorise the eligible officer to apply for the delayed notification search warrant if the chief officer is satisfied that:
(a) there are reasonable grounds for the eligible officer to have:
(b) either:
(3)
If the chief officer of an eligible agency gives an authorisation under subsection (2), he or she must make a written record of the authorisation within 7 days.
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Hide history noteScope
(1A)
This section applies if an eligible officer of an eligible agency seeks the authorisation of the chief officer of the agency to apply for a delayed notification search warrant in respect of particular premises.
Authorisation
(1)
The chief officer may, in writing, authorise the eligible officer to apply for the delayed notification search warrant if the chief officer is satisfied that there are reasonable grounds for the eligible officer to have:
(a) the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and
(b) the belief mentioned in paragraph 3ZZBA(c) .
(2)
The chief officer may orally (in person or by telephone or other means of voice communication) authorise the eligible officer to apply for the delayed notification search warrant if the chief officer is satisfied that:
(a) there are reasonable grounds for the eligible officer to have:
(i) the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and
(ii) the belief mentioned in paragraph 3ZZBA(c) ; and
(b) either:
(i) it is an urgent case; or
(ii) the delay that would occur if the authorisation were in writing would frustrate the effective execution of the delayed notification search warrant.
(3)
If the chief officer of an eligible agency gives an authorisation under subsection (2), he or she must make a written record of the authorisation within 7 days.
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