An eligible issuing officer under s 48 of the LEPR Act is not required to determine complex questions of statutory construction concerning the searchable offence nominated in a search warrant application, nor to determine whether the facts stated in the application could sustain a conviction. The officer's task is limited to whether the material provides reasonable grounds for issuing the warrant. The construction of s 326(2) of the Crimes Act 1900 (NSW) — whether a current judicial proceeding must be on foot — remains unresolved at appellate level.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.