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CRIMES ACT 1914 - SECT 3E
When search warrants can be issued
(1) An issuing officer may issue a warrant to search premises if the
officer is satisfied, by information on oath or affirmation, that there are
reasonable grounds for suspecting that there is, or there will be within the
next 72 hours, any evidential material at the premises.
(2) An issuing officer may issue a warrant authorising an
ordinary search or a frisk search of a person if the officer is satisfied, by
information on oath or affirmation, that there are reasonable grounds for
suspecting that the person has in his or her possession, or will within the
next 72 hours have in his or her possession, any evidential material.
(3) If the person applying for the warrant suspects that, in executing
the warrant, it will be necessary to use firearms, the person must state that
suspicion, and the grounds for that suspicion, in the information.
(4) If the person applying for the warrant is a member or special member
of the Australian Federal Police and has, at any time previously, applied for
a warrant relating to the same person or premises the person must state
particulars of those applications and their outcome in the information.
(b) a description of the premises to which the warrant relates or the
name or description of the person to whom it relates; and
(c) the kinds of evidential material that are to be searched for under
the warrant; and
(d) the name of the constable who, unless he or she inserts the name of
another constable in the warrant, is to be responsible for executing the
warrant; and
(e) the time at which the warrant expires (see subsection (5A));
and
(f) whether the warrant may be executed at any time or only during
particular hours.
(5A) The time stated in the warrant under paragraph 3E(5)(e) as the
time at which the warrant expires must be a time that is not later than the
end of the seventh day after the day on which the warrant is issued.
Example: If a warrant is issued at 3 pm on a Monday, the
expiry time specified must not be later than midnight on Monday in the
following week.
(a) that the warrant authorises the seizure of a thing (other than
evidential material of the kind referred to in paragraph (5)(c)) found at
the premises in the course of the search that the executing officer or a
constable assisting believes on reasonable grounds to be:
(ii) a thing relevant to another offence that is an indictable offence;
or
(iii) evidential material (within the meaning of the Proceeds of Crime
Act 2002 ) or tainted property (within the meaning of that Act);
if the executing officer or a constable assisting believes on reasonable
grounds that seizure of the thing is necessary to prevent its concealment,
loss or destruction or its use in committing an offence; and
(b) whether the warrant authorises an ordinary search or a frisk search
of a person who is at or near the premises when the warrant is executed if the
executing officer or a constable assisting suspects on reasonable grounds that
the person has any evidential material or seizable items in his or her
possession.
(a) that the warrant authorises the seizure of a thing (other than
evidential material of the kind referred to in paragraph (5)(c)) found,
in the course of the search, on or in the possession of the person or in a
recently used conveyance, being a thing that the executing officer or a
constable assisting believes on reasonable grounds to be:
(ii) a thing relevant to another offence that is an indictable offence;
or
(iii) evidential material (within the meaning of the Proceeds of Crime
Act 2002 ) or tainted property (within the meaning of that Act);
if the executing officer or a constable assisting believes on reasonable
grounds that seizure of the thing is necessary to prevent its concealment,
loss or destruction or its use in committing an offence; and
(b) the kind of search of a person that the warrant authorises.
(8) Paragraph (5)(e) and subsection (5A) do not prevent the
issue of successive warrants in relation to the same premises or person.
(9) If the application for the warrant is made under section 3R,
this section (other than subsection (5A)) applies as if:
(a) subsections (1) and (2) referred to 48 hours rather than 72
hours; and
(b) paragraph (5)(e) required the issuing officer to state in the
warrant the period for which the warrant is to remain in force, which must not
be more than 48 hours.
(10) An
issuing officer in New South Wales or the Australian Capital Territory may
issue a warrant in relation to premises or a person in the Jervis Bay
Territory.
(c) issue a warrant in relation to
premises or a person in another State or internal Territory (including the Jervis Bay Territory) if he or she is satisfied that there are special circumstances
that make the issue of the warrant appropriate; or
(d) issue a warrant in relation to a person wherever the person is in
Australia or in an external Territory if he or she is satisfied that it is not
possible to predict where the person may be.
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