CRIMES ACT 1914

Part IAAA - Delayed notification search warrants  

Division 4 - Notice to occupiers  

SECTION 3ZZDC   Time for giving warrant premises occupier ' s notice or adjoining premises occupier ' s notice   Section determines time by which notice must be given

(1)  
This section:


(a) applies if a warrant premises occupier ' s notice, or an adjoining premises occupier ' s notice, is prepared in relation to a delayed notification search warrant; and


(b) determines the time by which the notice (and a copy of the warrant, or the form of warrant) must be given in accordance with subsection 3ZZDA(3) or 3ZZDB(3) .

Note:

This section has effect subject to any directions given under subsection 3ZZDA(4) or 3ZZDB(4) .

General rule

(2)  
Subject to subsection (3), the notice (and the copy of the warrant or form of warrant) must be given by:


(a) the time specified under paragraph 3ZZBE(1)(i) ; or


(b) if that time has been extended under subsection (5), that time as so extended. Rule if person is charged with an offence relying on evidence obtained under the warrant

(3)  
If:


(a) a person is charged with an offence; and


(b) the prosecution proposes to rely on evidence obtained under the warrant;

the notice (and the copy of the warrant or of the form of the warrant completed under subsection 3ZZBF(7) ) must be given as soon as practicable after the person is charged with the offence, but no later than the earlier of the following times:


(c) the time applicable under subsection (2);


(d) the time of service of the brief of evidence by the prosecution. Extending the time specified in the warrant for giving notice

(4)  
The chief officer of the authorised agency may, in writing, authorise an eligible officer of the agency to apply to an eligible issuing officer for an extension of the time specified under paragraph 3ZZBE(1)(i) by which notice of entry of premises under a delayed notification search warrant is to be given.

(5)  
An eligible issuing officer may, on application by an eligible officer authorised under subsection (4), extend the time specified under paragraph 3ZZBE(1)(i) by which notice of entry of premises under a delayed notification search warrant is to be given if the eligible issuing officer is satisfied that there are reasonable grounds for continuing to delay notice of entry of the premises.

(6)  
An eligible issuing officer may, under subsection (5), extend the time specified under paragraph 3ZZBE(1)(i) on more than one occasion, but:


(a) must not extend the time by more than 6 months on any one occasion; and


(b) must not extend the time to more than 12 months after the day on which the delayed notification search warrant was issued unless:


(i) the Minister is satisfied on reasonable grounds that there are exceptional circumstances justifying the extension, and that it is in the public interest to do so; and

(ii) the Minister has issued a certificate approving the application for the extension; and

(iii) the eligible issuing officer is satisfied that there are exceptional circumstances justifying such an extension.

(7)  
A certificate issued under subsection (6) is not a legislative instrument.




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