Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

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

SECTION 107BA   WHEN SEARCH WARRANTS CAN BE ISSUED  

107BA(1)    
A judicial officer may issue a warrant to search premises if the judicial officer is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or within the next 72 hours there will be, any evidential material, other than evidential material that is also a forfeited good, on or in the premises.

107BA(2)    
If:

(a) the person applying for the warrant has, at any time previously, applied for a warrant relating to the search of, or the seizure of goods that are on or in, the same premises; and

(b) the premises are not an excise place;

the person must state particulars of those applications and their outcome in the information.

107BA(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) a description of the premises to which the warrant relates; and

(c) the kind of evidential material that is to be searched for under the warrant; and

(d) the name of the officer who, unless he or she inserts the name of another officer in the warrant, is to be responsible for executing the warrant; and

(e) the period for which the warrant remains in force, which must not be more than 7 days; and

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

107BA(4)    
The judicial officer is also to state in the warrant:

(a) that it authorises the seizure of things (other than evidential material of the kind referred to in paragraph (3)(c)) found on or in the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds:

(i) to be evidential material in relation to an offence to which the warrant relates or to another offence; and

(ii) not to be forfeited goods;

if the executing officer or person assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

(b) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or a person assisting suspects on reasonable grounds that the person has any evidential material in his or her possession.

107BA(5)    
Paragraph (3)(e) does not prevent the issue of successive warrants in relation to the same premises.

107BA(6)    
If the application for the warrant is made under section 107DG , this section applies as if:

(a) subsection (1) referred to 48 hours rather than 72 hours; and

(b) paragraph (3)(e) referred to 48 hours rather than 7 days.

107BA(7)    
A judicial officer of a particular State or Territory may issue a warrant in respect of the search of premises in another State or Territory.

107BA(8)    
This section is not to be taken to limit any power of search granted to an officer under any other provision of an Excise Act.