Crimes Act 1914

Part IAAA - Delayed notification search warrants

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Division 2 - Issue of delayed notification search warrants

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Subdivision A - The normal process for applying for and issuing delayed notification search warrants

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SECTION 3ZZBA

3ZZBA Eligible officer may seek authorisation to apply for a delayed notification search warrant

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If an eligible officer of an eligible agency:

(a) suspects, on reasonable grounds, that one or more eligible offences have been, are being, are about to be or are likely to be committed; and

(b) suspects, on reasonable grounds, that entry and search of particular premises will substantially assist in the prevention or investigation of one or more of those offences; and

(c) believes, on reasonable grounds, that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises;

the eligible officer may seek the authorisation of the chief officer of the agency to apply for a delayed notification search warrant in respect of the premises.

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History

S 3ZZBA substituted by No 82 of 2016, s 3 and Sch 14 item 2, effective 30 November 2016. No 82 of 2016, s 3 and Sch 14 item 13 contains the following application provision:

13 Application of amendments
13
Despite the amendments made by this Schedule, Part IAAA of the Crimes Act 1914 continues to apply, in relation to:

(a) an authorisation given under section 3ZZBB of that Act before the commencement of this item; and

(b) an application made under subsection 3ZZBC(1) or 3ZZBF(2) of that Act on the basis of such an authorisation; and

(c) the issue of a delayed notification search warrant in response to such an application;
as if those amendments had not been made.

S 3ZZBA formerly read:

SECTION 3ZZBA The conditions for issue of a delayed notification search warrant
3ZZBA
A person is satisfied that the conditions for issue of a delayed notification search warrant are met in respect of particular premises if the person:

(a) suspects, on reasonable grounds, that one or more eligible offences have been, are being, are about to be or are likely to be committed; and

(b) suspects, on reasonable grounds, that entry and search of the premises will substantially assist in the prevention or investigation of one or more of those offences; and

(c) believes, on reasonable grounds, that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises.

S 3ZZBA inserted by No 116 of 2014, s 3 and Sch 1 item 51, effective 1 December 2014.

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