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 3ZZBD   Issuing a delayed notification search warrant  

(1)    

If:

(a)    an eligible officer applies to an eligible issuing officer, in accordance with section 3ZZBC , for a delayed notification search warrant in respect of particular premises (the main premises ); and

(b)    

the eligible issuing officer is satisfied, by information on oath or affirmation, that 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) ;

the eligible issuing officer may issue a delayed notification search warrant in respect of the main premises.

(2)    
In determining whether the delayed notification search warrant should be issued, the eligible issuing officer must have regard to the following:

(a)    

the extent to which the exercise of the powers under the warrant would assist the prevention or investigation of the eligible offence or offences to which the application for the warrant relates;

(b)    the existence of alternative means of obtaining the evidence or information sought to be obtained;

(c)    the extent to which the privacy of any person is likely to be affected;

(d)    

the nature and seriousness of that offence or those offences;

(e)    

if it is proposed that adjoining premises be entered for the purpose of entering the main premises - whether allowing entry to the adjoining premises is reasonably necessary:

(i) to enable entry to the main premises; and

(ii) to avoid compromising the prevention or investigation of that offence or those offences;

(f)    any conditions to which the warrant should be subject;

(g)    the outcome, so far as known to the eligible issuing officer, of any previous application, in respect of the main premises, for a warrant under this Part or Division 2 of Part IAA .

(3)    

An eligible issuing officer of the Federal Court of Australia or the Administrative Review Tribunal may issue a delayed notification search warrant in relation to premises located anywhere in the Commonwealth or an external Territory.

(4)    
An eligible issuing officer of the Supreme Court of a State or Territory may issue a delayed notification search warrant only in relation to premises located in that State or Territory.