Report to Supreme Court Judge on execution of warrant
27U Report to Supreme Court Judge on execution of warrant
(1) The authorised police officer named in a covert search warrant must give to the Supreme Court Judge who issued the warrant a written report that includes the following information:
the address or other description of the subject place;
whether or not the warrant was executed;
the other particulars prescribed by regulation.
(2) If a covert search warrant was executed, the report must also include the following information:
the date on which the warrant was executed;
the name of the officer who executed the warrant;
(c) the name of any person who assisted in the execution of the warrant and the nature of the assistance provided;
the name of:
(i) any person believed to be knowingly concerned in the commission of the terrorist act for which the warrant was executed; and
(ii) if no such person is an occupier of the place – any occupier (if known) of the place at which the warrant was executed;
the powers that were exercised under the warrant;
(f) the result, set out briefly, of the execution of the warrant (including a brief description of anything seized, placed in substitution for a seized thing, copied, photographed, recorded, operated, printed or tested);
if:
(i) under section 27P the covert search warrant expressly authorises the copying, photographing, recording, operation, printing or testing of a thing of a kind described in the warrant; and
(ii) a thing was copied, photographed, recorded, operated, printed or tested in the course of executing the warrant; and
(iii) the thing was not of a kind expressly authorised by the warrant to be copied, photographed, recorded, operated, printed or tested,
the particulars of the grounds on which the thing was believed to be a relevant thing or connected with a serious indictable offence;
(h) a description of anything tested or seized for the purposes of testing and the type of information obtained (or proposed to be obtained) by testing;
(i) whether or not the execution of the warrant assisted in the prevention of, or response to, the terrorist act for which the warrant was executed and, if so, how it assisted;
(j) whether or not the execution of the warrant assisted in the prevention of, or response to, any other terrorist act or any serious indictable offence and, if so, how it assisted.
(3) If a covert search warrant was not executed, the report must also include the reasons, set out briefly, why the warrant was not executed.
The report must be given to the Judge:
(a) if a covert search warrant was executed – within 10 days after it was executed; or
otherwise – within 10 days after:
the expiry date specified in the warrant; or
the date the warrant was withdrawn by the Judge.
(5) If the place is re-entered for the purposes of returning or retrieving a thing under section 27Q, a written report must also be given to the Judge who issued a covert search warrant stating:
the address or other description of the place; and
the date on which the place was re-entered; and
(c) the name of any person who entered the place for the purposes of the return or retrieval; and
a brief description of the thing; and
(e) if the thing was not returned or retrieved – the reasons why the thing was not returned or retrieved; and
the other particulars prescribed by regulation.
(6) The report must be given to the Judge within 10 days after the re‑entry to the place for the purposes of retrieving or returning the thing under section 27Q.
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