Crimes Act 1914

Part IAAA - Delayed notification search warrants  

Division 4 - Notice to occupiers  

SECTION 3ZZDB   Adjoining premises occupier ' s notice must be prepared and given  

(1)    
As soon as practicable after adjoining premises are entered under a delayed notification search warrant, the executing officer must prepare a written notice (the adjoining premises occupier ' s notice ) that complies with subsection (2).

(2)    
The adjoining premises occupier ' s notice must specify:

(a) the name of the authorised agency; and

(b) the day on which, and the time at which, the warrant was issued; and

(c) the day of execution of the warrant; and

(d) the address, location or other description of:

(i) the warrant premises; and

(ii) the adjoining premises; and

(e) the purpose of delayed notification search warrants, including:

(i) a statement to the effect that they are to authorise entry and search of warrant premises to be conducted without the knowledge of the occupier of those premises or any other person present at those premises; and

(ii) a statement that adjoining premises may be entered solely for the purpose of entering or leaving the warrant premises.

(3)    
Subject to subsection (4), a staff member of the authorised agency must give the adjoining premises occupier ' s notice, and a copy of the warrant (or the form of warrant completed under subsection 3ZZBF(7) ), to the person (the occupier ) who was the occupier of the adjoining premises when they were entered under the warrant. The notice, and the copy of the warrant, must be given to the occupier by the time applicable under section 3ZZDC .

(4)    
If the occupier cannot be identified or located, a staff member of the authorised agency must report back to an eligible issuing officer, and the eligible issuing officer may give such directions as the eligible issuing officer thinks fit.

(5)    
A notice and a direction under this section are not legislative instruments.