Law Enforcement (Powers and Responsibilities) Regulation 2016

The following documents must be kept in relation to each warrant or order to which this subclause applies that is issued—

any written application for the warrant or order,

any record relating to the warrant or order made by or on behalf of an authorised officer or eligible issuing officer (as the case requires),

a copy of any occupier’s notice,

a copy of any adjoining occupier’s notice,

any report on the execution of the warrant (including a copy of any receipt provided to the occupier under clause 9 or 10) or order.

Subclause (1) applies to the following warrants and orders—

a search warrant (including a covert search warrant),

a warrant under section 83 (Entry by warrant where entry denied) of the Act,

a crime scene warrant under Part 7 of the Act,

a digital evidence access order,

a DECCD access order,

a warrant under section 103 (Warrant for arrest of person unlawfully at large) of the Act,

a detention warrant under Part 9 of the Act,

a warrant under Division 2 (Use of drug detection dogs) of Part 11 of the Act.

The following documents must be kept in relation to each notice to produce documents issued under Division 3 of Part 5 of the Act—

any application for the notice,

any record relating to the notice made by or on behalf of the authorised officer or eligible issuing officer (as the case requires),

any report on the execution of the notice,

any record of an application made for an order to access documents under section 56 of the Act,

any order made under section 56 of the Act.

The documents must be kept for at least 6 years from the date on which the warrant or notice was issued—

at the Local Court registry or the Supreme Court registry (as the case may be) specified in the occupier’s notice, or

if no occupier’s notice is issued, at the Local Court registry or the Supreme Court registry (as the case may be) at which the warrant or notice was issued or that is nearest to the place at which it was issued.

The documents may be destroyed after the period referred to in subclause (4) has expired.

During the hours that the Supreme Court registry is open to the public, the documents referred to in subclause (1) relating to a covert search warrant may be inspected by the occupier of the premises to which the covert search warrant relates or by any other person who is given an occupier’s notice relating to the warrant under the Act.

During the hours that the Local Court registry or the Supreme Court registry (as the case may be) is open to the public, the documents, other than those referred to in subclause (6), may be inspected—

in the case of any warrant other than a warrant referred to in paragraph (b) or (c)—by the occupier of the premises to which the warrant relates or by any other person on behalf of the occupier, or

in the case of a detention warrant issued under Part 9 of the Act—by the detained person to whom the warrant relates or by any other person on behalf of that person, or

in the case of a warrant issued under Division 2 (Use of drug detection dogs) of Part 11 of the Act—by any member of the public, or

in the case of a notice to produce documents issued under Division 3 of Part 5 of the Act—by a person who is an officer, or other person, acting on behalf of the authorised deposit-taking institution to which the notice to produce relates.

In the case of a crime scene warrant under Part 7 of the Act that relates to more than one set of premises, subclause (7)(a) authorises the occupier of premises, or a person acting on behalf of the occupier, to inspect only so much of the documents as relate to the premises of the occupier.