Warrant premises occupier’s notice must be prepared and given
3ZZDA Warrant premises occupier’s notice must be prepared and given
As soon as practicable after the exercise of powers under a delayed notification search warrant has been completed, the executing officer must prepare a written notice (the warrant premises occupier’s notice) that complies with subsection (2).
The warrant premises occupier’s notice must:
specify the name of the authorised agency; and
specify the day on which, and the time at which, the warrant was issued; and
specify the day of execution of the warrant; and
specify the address, location or other description of the warrant premises; and
specify the number of persons who entered the warrant premises for the purposes of executing, or assisting in the execution of, the warrant; and
include a summary of:
the purpose of delayed notification search warrants (including a statement to the effect that they are to authorise entry and search of premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises); and
the things done under the warrant; and
describe any thing seized from the warrant premises and state whether a thing was placed in substitution for the seized thing; and
state whether any thing was returned to, or retrieved from, the warrant premises and the date on which this occurred.
Subject to subsection (4), a staff member of the authorised agency must give the warrant 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 warrant premises when they were entered under the warrant. The notice, and the copy of the warrant (or form of warrant), must be given to the occupier by the time applicable under section 3ZZDC.
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.
A notice and a direction under this section are not legislative instruments.
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