Expiry of warrant
73 Expiry of warrant
A warrant ceases to have effect, unless it is sooner withdrawn or extended, as follows—
in the case of any warrant (other than a telephone warrant or crime scene warrant)—when it has been executed, or at the time specified in it for its expiry, whichever first occurs,
in the case of a telephone warrant (other than a telephone crime scene warrant)—when it has been executed, or at the expiry of 24 hours after the time of its issue, whichever first occurs,
in the case of a crime scene warrant (other than a telephone crime scene warrant)—at the time specified in it for its expiry,
in the case of a telephone crime scene warrant—at the expiry of 24 hours after the time of its issue.
An eligible issuing officer who issues a warrant (other than a telephone warrant) must specify in the warrant the time when the warrant is to expire.
The time so specified for a covert search warrant is the date that is 10 days after the date on which the warrant is issued.
The time so specified for a criminal organisation search warrant is the date that is 7 days after the date on which the warrant is issued.
The time so specified for a warrant other than a covert search warrant or a criminal organisation search warrant is to be 72 hours after the issue of the warrant or, if the issue of the warrant for a period exceeding 72 hours is permitted by this section, at any time within a further period not exceeding 72 hours.
The issue of a warrant for a period exceeding 72 hours is permitted by this section if—
in the case of a warrant issued under Division 2 of Part 11—the eligible issuing officer is satisfied that the purpose for which the warrant was issued cannot be satisfied within 72 hours, or
in any other case—the eligible issuing officer is satisfied that the warrant cannot be executed within 72 hours.
If no time of expiry is specified in a warrant (other than a telephone warrant, a covert search warrant or a criminal organisation search warrant), the warrant expires 72 hours after issue.
If no time of expiry is specified in a covert search warrant, the warrant expires 10 days after issue.
If no time of expiry is specified in a criminal organisation search warrant, the warrant expires 7 days after issue.
This Act’s bill:Explanatory memorandumSecond reading speech
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