Application for and issue of search warrant
30 Application for and issue of search warrant
(1) An authorised officer may apply to a judicial officer for a search warrant to enter residential premises:
by appearing in person before the judicial officer; or
(b) if it is not practicable to appear in person – by telephone or other means of communication.
(2) If the judicial officer is satisfied that there are reasonable grounds to permit the authorised officer to enter the residential premises, the judicial officer may issue a warrant directed to the authorised officer.
(3) If the judicial officer issues a warrant on an application made under subsection (1)(b), the judicial officer must:
(a) complete and sign the warrant (the original warrant); and
record on the original warrant the reasons for issuing it; and
(c) inform the authorised officer by telephone or other means of communication of its terms.
(4) When informed of the terms of the warrant under subsection (3)(c), the authorised officer must as soon as practicable:
(a) complete 2 copies of the form of warrant in the terms provided by the judicial officer; and
(b) write on each copy the name of the judicial officer and the date and time of the issue of the original warrant; and
forward one copy to the judicial officer.
(5) The authorised officer may use the remaining copy of the warrant to exercise the powers granted by the original warrant.
(6) If the judicial officer is satisfied, after comparing the forwarded copy with the original warrant, that the copy is in substance identical to the original warrant, the judicial officer must certify the copy as being in substance identical to the original warrant.
In this section:
judicial officer means any of the following:
a Supreme Court Judge;
an Associate Judge;
a Local Court Judge.
This Act’s bill:Second reading speech
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