When search warrants can be issued
194 When search warrants can be issued
An issuing officer may issue a warrant to search premises if the officer is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.
An issuing officer may issue a warrant authorising an ordinary search or a frisk search of a person, including a person under 14 years old, if the officer is satisfied by information on oath that there are reasonable grounds for suspecting that the person possesses, or will within the next 72 hours possess, any evidential material.
An issuing officer who receives an application to issue a warrant under which a person under 14 years old may be searched, or may be present at premises that may be searched—
must take into account the best interests of the person under 14 years old when deciding whether to issue the warrant; and
if the officer decides to issue the warrant—may direct the person applying for the warrant to give notice before the warrant is executed to—
if the person under 14 years old is known to be an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner; or
in any other case—the public advocate.
If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person shall state that suspicion, and the grounds for that suspicion, in the information.
If the person applying for the warrant knows or suspects that, in executing the warrant, a person under 14 years old may be searched or may be present at premises that may be searched, the person must state that knowledge or suspicion, and the grounds for the knowledge or suspicion, in the information.
If the person applying for the warrant is a police officer and has, at any time previously, applied for a warrant relating to the same person or premises, the person shall state in the information particulars of those applications and their outcome.
A warrant shall include statements of the following matters:
the offence to which the warrant relates;
a description of the warrant premises, or the name or description of the person to whom it relates;
the kinds of evidential material that are to be searched for under the warrant;
the name of the police officer who is to be responsible for executing the warrant (unless he or she inserts in the warrant the name of another police officer);
the period, not exceeding 7 days, that the warrant remains in force;
subject to subsection (11), the times when the search is authorised.
For a warrant in relation to premises, the warrant shall state—
that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in subsection (7) (c)) found at the premises in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be—
evidential material in relation to an offence to which the warrant relates; or
a thing relevant to another offence that is a serious offence; or
target material or tainted property;
Target material and tainted property are relevant to the Confiscation of Criminal Assets Act 2003.
if the executing officer or an assisting officer believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and
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 an assisting officer suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.
For a warrant to search a person, the warrant shall state—
that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in subsection (7) (c)) found, in the course of the search, on or in the possession of the person or in a recently used conveyance, being a thing that the executing officer or an assisting officer believes on reasonable grounds to be—
evidential material in relation to an offence to which the warrant relates; or
a thing relevant to another offence that is a serious offence; or
target material or tainted property;
Target material and tainted property are relevant to the Confiscation of Criminal Assets Act 2003.
if the executing officer or an assisting officer believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and
the kind of search of a person that the warrant authorises.
Subsection (7) (e) does not prevent the issue of successive warrants in relation to the same premises or person.
A warrant shall not be expressed to authorise a search at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the issuing officer is satisfied that—
it would not be practicable to conduct the search at another time; or
it is necessary to do so to prevent the concealment, loss or destruction of evidence relating to the offence.
If the application for the warrant is made under section 205, this section applies as if—
subsections (1) and (2) referred to 48 hours rather than 72 hours; and
subsection (7) (e) referred to 48 hours rather than 7 days.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.