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COMMONWEALTHAct
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s 50

The things authorised by a search warrant in relation to a person

In force
Part 7Search, seizure and powers of arrest
Division 1Search warrants

50 The things authorised by a search warrant in relation to a person

(1)

A warrant in force in relation to a person authorises the executing officer or an officer assisting:

(a)

to:

(i)

search the person as specified in the warrant; and

(ii)

search things found in the possession of the person; and

(iii)

search any recently used conveyance;

for things of the kind specified in the warrant; and

(b)

to:

(i)

seize things of that kind; and

(ii)

record fingerprints from things; and

(iii)

take forensic samples from things;

found in the course of the search; and

(c)

to seize other things found in the possession of the person or in or on the conveyance in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:

(i)

evidential material; or

(ii)

things relevant to an indictable offence against an Australian law;

if the executing officer or a police officer assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing a Tribunal offence or an indictable offence against an Australian law; and

(d)

to seize other things found in the course of the search that the executing officer or a police officer assisting believes on reasonable grounds to be seizable items.

(2)

If the warrant states that it may be executed only during particular hours, it must not be executed outside those hours.

(3)

If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

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