CRIMES ACT 1914

Part IAAA - Delayed notification search warrants  

Division 3 - Exercise of powers under delayed notification search warrants  

SECTION 3ZZCA   What is authorised by a delayed notification search warrant  

(1)  
A delayed notification search warrant authorises the executing officer or a person assisting to do any of the following:


(a) to enter the warrant premises;


(b) if the warrant authorises the entry of adjoining premises - to enter the adjoining premises solely for the purpose of entering or leaving the warrant premises;


(c) to impersonate another person to the extent reasonably necessary for executing the warrant;


(d) to search the warrant premises for the kinds of things (if any) specified in the warrant as the kinds of things that may be searched for;


(e) to seize any thing of a kind specified in the warrant as a kind of thing that may be seized;


(f) to seize other things found in the course of executing the warrant at the warrant premises that the executing officer or a person assisting believes on reasonable grounds to be evidential material, if the executing officer or a person assisting believes on reasonable grounds that the seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing any offence;


(g) to seize any thing found in the course of executing the warrant at the warrant premises that the executing officer or a person assisting believes on reasonable grounds:


(i) would present a danger to a person; or

(ii) could be used to assist a person to escape from lawful custody;


(h) to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes;


(i) if specified in the warrant - to place a thing in substitution for a thing seized or moved under subsection 3ZZCE(2) ;


(j) to do any of the following acts to a thing found in the course of executing the warrant at the warrant premises that is of a kind specified in the warrant as the kind of thing to which the act may be done, or that the executing officer or a person assisting believes on reasonable grounds to be evidential material:


(i) copy the thing;

(ii) photograph or otherwise record the thing;

(iii) mark or tag the thing (whether or not the mark or tag can be detected only with the use of a device);

(iv) operate the thing;

(v) print the thing;

(vi) test the thing;

(vii) sample the thing;


(k) to do anything reasonably necessary to conceal the fact that any thing has been done under the warrant;


(l) if specified in the warrant - to re-enter:


(i) the warrant premises; and

(ii) if the warrant authorises the entry of adjoining premises - the adjoining premises solely for the purpose of entering or leaving the warrant premises;
within the period described in paragraph 3ZZBE(1)(m) , for the purpose of returning any thing seized from the warrant premises or moved under subsection 3ZZCE(2) , or retrieving any thing substituted at the premises for a thing seized or moved under that subsection;


(m) to exercise the other powers conferred on the executing officer, or a person assisting, by the other provisions of this Division.

Note:

Paragraph (c) does not authorise the acquisition or use of an assumed identity (see Part IAC ). The protection provided by Part IAC only applies if the requirements of that Part have been complied with.

(2)  
The entry of premises under a paragraph of subsection (1) may be effected without the knowledge of the occupier of the premises or any other person present at the premises.

(3)  
If the period referred to in paragraph (1)(l) ends after the delayed notification search warrant expires, the powers referred to in that paragraph may be exercised during that period as if the warrant were still in force.




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