Issue of search warrant by magistrate
465 Issue of search warrant by magistrate
No. 6103 s. 465.
S. 465(1) amended by Nos 7184 s. 7, 8179 s. 4, 16/1986 s. 30, 57/1989 s. 3(Sch. item 42.56(a)–(d)), 22/1996 s. 6(1)(a), 25/2009 s. 5(1), 37/2014 s. 10(Sch. item 36.42), 6/2018 s. 68(Sch. 2 item 35.10), 44/2022 s. 73(1).
Any magistrate who is satisfied by the evidence on oath or by affirmation or affidavit of any police officer of or above the rank of senior sergeant that there is reasonable ground for believing that there is, or will be within the next 72 hours, in any building (including any vehicle in that building), receptacle or place (including any vehicle on or in that place) or on or in a particular vehicle located in a public place—
S. 465(1)(a) amended by No. 22/1996 s. 6(1)(b).
anything upon or in respect of which any indictable offence has been or is suspected to have been committed or is being or is likely to be committed within the next 72 hours; or
anything which there is reasonable ground to believe will afford evidence as to the commission of any such offence; or
anything which there is reasonable ground to believe is intended to be used for the purpose of committing any indictable offence against the person for which the offender may be arrested without warrant—
may at any time issue a warrant authorizing some police officer or other person named therein to search such building receptacle, place or vehicle for any such thing and to seize and hold or retain it according to law.
S. 465(1A) inserted by No. 22/1996 s. 6(2), repealed by No. 42/2015 s. 8, new s. 465(1A) inserted by No. 44/2022 s. 73(2).
Subject to this Subdivision, a warrant issued under subsection (1) authorises the police officer executing it to hold or retain a seized thing for as long as is reasonably required for the purposes of—
the investigation of the offence in relation to which it was seized; or
a criminal proceeding for the offence in relation to which it was seized.
S. 465(1B) inserted by No. 63/2003 s. 43.
A magistrate who issues a warrant under subsection (1), if satisfied on reasonable grounds by the evidence given under that subsection that the thing to which the warrant relates is also tainted property within the meaning of the Confiscation Act 1997, may, in that warrant, direct that the applicant hold or retain that thing as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing is no longer required for evidentiary purposes under this Act.
S. 465(2) amended by Nos 9427 s. 6(1)(Sch. 5 item 40), 57/1989 s. 3(Sch. item 42.57(a)(b)).
Subject to this section the rules to be observed with regard to search warrants mentioned in the Magistrates' Court Act 1989 shall extend and apply to warrants under this section.
S. 465(2A) inserted by No. 44/2022 s. 73(3).
Despite section 78(1)(b)(ii) of the Magistrates' Court Act 1989, a warrant issued under subsection (1) does not require an article, thing or material to be brought before the Magistrates' Court.
S. 465(3) amended by No. 44/2022 s. 73(4).
The provisions of this section shall be read and construed as in aid of and not in derogation of the provisions with regard to warrants to search contained in this or any other Act, except as set out in subsection (2A).
The Governor in Council may make regulations prescribing the form of any warrant to be issued under this section and any such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if not then within fourteen days after the next meeting of Parliament.
S. 465(5) inserted by No. 22/1996 s. 6(3), repealed by No. 48/1997 s. 61, new s. 465(5) inserted by No. 25/2009 s. 5(2).
In this section—
public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;
vehicle includes motor vehicle, aircraft and vessel.
This provision refers to the regulations (may make regulations
). Made under this Act:
- Crimes (Child Abuse Material) Regulations 2017 · under section 585AAA
- Crimes (Confiscation) Regulations 2024 · under section 505A
- Crimes (Dna Database) Regulations 2022 · under section 464ZJ
2 more instruments made under this Act are listed on the Act’s overview.
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