Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision E - Provisions applicable both to search and seizure warrants  

SECTION 203G   DETAILS OF WARRANT TO BE GIVEN TO OCCUPIER  

203G(1)   [Warrant in relation to premises]  

If a search warrant or a seizure warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the place where the warrant is executed, the executing officer or a person assisting must make available to that person a copy of the warrant.

203G(2)   [Person to be searched]  

If a person is searched under a warrant in relation to premises, the executing officer or a person assisting must show the person a copy of the warrant.

203G(3)   [Executing officer's identity]  

The executing officer must identify himself or herself to the person at the place where the warrant is executed.

203G(4)   [Original warrant not required]  

At the time of executing the warrant, the executing officer or a person assisting:


(a) is not required to have in his or her possession or under his or her immediate control the original warrant; but


(b) must have in his or her possession or under his or her immediate control a copy of the warrant.

203G(5)   [Copy of the warrant]  

In this section:

"a copy of the warrant"
means:


(a) in relation to a warrant issued under section 198, 203 or 203DA - a copy that includes the signature of the judicial officer who issued the warrant ; and


(b) in relation to a warrant issued under section 203M - a completed form of warrant that includes the name of the judicial officer who issued the warrant.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.