Terrorism (Extraordinary Powers) Act 2005

The authorised applicant named in a covert search warrant must give the judge who issued the warrant (or, in the absence of that judge, the Chief Justice) a written report about the execution of the warrant in accordance with this section.

However, if the authorised applicant named in a covert search warrant has died or is unavailable, the report may be given to the judge by another police officer of the same or higher rank who has been nominated by the Commissioner, in writing, to replace the original authorised applicant.

A replacement police officer under subsection (2A) must give the judge who issued the warrant (or, in the absence of that judge, the Chief Justice) a written report about the execution of the warrant in accordance with this section.

If the warrant was not executed, the report must be given to the judge within 7 days after the expiry date specified in the warrant.

If the warrant was executed, then within 7 days after the day on which it was executed —

the report must be given to the judge; or

an interim report, together with an application for an extension of time to give the report, must be given to the judge.

If the judge grants an extension of time to give the report, the report must be given to the judge on or before the date specified in the extension of time.

If the warrant was executed, the report must —

state the date and time it was executed;

describe each place or vehicle that was entered under the warrant;

if known, state the name of each occupier of each place, and person in charge of each vehicle, that was entered under the warrant;

name each person who executed or assisted in executing the warrant;

state what powers were exercised under the warrant;

describe briefly —

any thing that was seized under the warrant, including any copy of a record; and

any thing in the place or vehicle that was removed and replaced with a substitute,

it is a thing connected with a terrorist act or Commonwealth terrorist offence; or

it may be evidence relevant to a serious indictable offence;

describe briefly any photograph or other evidentiary material that was obtained under the warrant;

if the target place or target vehicle was re‑entered to return any thing removed from, or to retrieve any thing substituted in, the place or vehicle when it was first entered under the warrant —

state when the re‑entry took place; and

describe any other place that was entered in order to effect the re‑entry; and

name each person who re‑entered the target place, target vehicle or any other place in order to effect the re‑entry; and

describe the thing that was returned or retrieved; and

if the thing that was not returned or retrieved, explain why it was not;

state whether or not the execution of the warrant assisted in the prevention or investigation of the terrorist act or Commonwealth terrorist offence in relation to which the warrant was issued and, if so, how it assisted;

state whether or not the execution of the warrant assisted in the prevention or investigation of any other terrorist act or any indictable offence and, if so, how it assisted; and

contain any other information required by the regulations.

If the warrant was not executed, the report must —

explain briefly why it was not executed; and

contain any other information required by the regulations.