Form and content of search warrants
83 Form and content of search warrants
A search warrant issued under section 82(3) may authorise the inspector named in the warrant together with a police officer or any other person or persons named or otherwise identified in the warrant and with any necessary equipment to do any of the following—
to enter the premises specified in the warrant, by force if necessary;
if the inspector believes on reasonable grounds that a thing, or thing of a particular kind, named or described in the warrant is connected with a contravention of this Act or the regulations—
to search for the thing; and
to seize the thing; and
to secure the thing against interference; and
to examine and inspect the thing; and
to make copies of, or take extracts from, the thing;
to make an image of the hard drive of a computer, or a computer of a particular kind, named or described in the warrant, if the inspector believes on reasonable grounds that information contained on the hard drive is connected with the alleged contravention;
in the case of information in electronic or digital format described in the warrant that is accessible from the premises, if the inspector believes on reasonable grounds that the information is connected with the alleged contravention—
to access the information via any computer or other electronic device located on the premises; and
to download or make an electronic copy of that information; and
to make or produce a physical copy of that information;
to make any still or moving image, audio recording or audio-visual recording of any thing of a particular kind named or described in the warrant, if the inspector believes on reasonable grounds that it is connected with the alleged contravention.
A search warrant issued under section 82(3) must state—
the purpose for which the search is required; and
any condition to which the warrant is subject; and
whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants issued under section 82(3).
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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