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.


    Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

    CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

    The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.