The things that are authorised by search warrant
195 The things that are authorised by search warrant
A warrant in force for the search of premises authorises the executing officer or an assisting officer—
to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and
to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and
to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and
to seize other things 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
evidential material in relation to any 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 things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and
to seize other things found at the premises in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be seizable items; and
if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises 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.
A warrant in force for the search of a person authorises the executing officer or an assisting officer—
to search the person as specified in the warrant, things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; and
to—
seize things of that kind; or
record fingerprints from things; or
to take forensic samples from things;
found in the course of the search; and
to seize other things found in the course of the search on, or in the possession of, the person or in the conveyance 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 any 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 things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and
to seize other things found in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be seizable items.
If the warrant states that it may be executed only during particular hours, the warrant shall not be executed outside those hours.
If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised shall not be done under the warrant.
If things are seized under a warrant, the warrant authorises the executing officer to make the things available to officers of other agencies if it is necessary to do so for the purpose of investigating or prosecuting an offence to which the things relate.
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