Part IAAA - Delayed notification search warrants  

Division 2 - Issue of delayed notification search warrants  

Subdivision A - The normal process for applying for and issuing delayed notification search warrants  

SECTION 3ZZBC   Applying for a delayed notification search warrant  

An eligible officer of an eligible agency may apply to an eligible issuing officer for a delayed notification search warrant in respect of particular premises if the officer is authorised under section 3ZZBB to apply for the warrant.

Note 1:

The application will need to address:

  • (a) why there are reasonable grounds for suspecting that one or more eligible offences have been, are being, are about to be or are likely to be committed (see paragraph 3ZZBA(a) ); and
  • (aa) why there are reasonable grounds for suspecting that entry and search of the premises will substantially assist in the prevention or investigation of one or more of those offences (see paragraph 3ZZBA(b) ); and
  • (ab) why there are reasonable grounds for believing that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises (see paragraph 3ZZBA(c) ); and
  • (b) other matters the eligible issuing officer must have regard to (see subsection 3ZZBD(2) ); and
  • (c) matters that must be specified in the warrant (see subsection 3ZZBE(1) ).
  • Note 2:

    In urgent cases or certain other cases, an application may be made by telephone, fax or other electronic means: see section 3ZZBF .

    The eligible officer must provide the eligible issuing officer with:

    (a) a copy of, or details of, the authorisation under section 3ZZBB ; and

    (b) particulars of any applications, and the outcomes, so far as known to the eligible officer, of any previous applications, in respect of the premises, for a warrant under this Part or Division 2 of Part IAA .

    The application must be supported by an affidavit setting out the grounds on which the warrant is sought.

    The eligible issuing officer may request further information relating to the application, and may require that the information be provided on oath or affirmation.

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