Document ID: chunk:federal_register_of_legislation:C2024C00644:section:43c
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 43C
Character Range: 118702–120739

43C  When search warrants can be issued
 (1) A magistrate may, upon application by an officer, issue a warrant to search premises if the magistrate is satisfied by information on oath or affirmation that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.
 (2) If a magistrate issues a warrant, the magistrate is to set out in the warrant:
 (a) the offence to which the warrant relates; and
 (b) a description of the premises to which the warrant relates; and
 (c) the kinds of evidential material that are to be searched for under the warrant; and
 (d) the name of the officer who, unless he or she inserts the name of another officer in the warrant, is to be responsible for executing the warrant; and
 (e) the period for which the warrant remains in force, which must not be more than 7 days; and
 (f) whether the warrant may be executed at any time or only during particular hours.
 (3) The magistrate is also to state that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (2)(c)) found at the premises in the course of the search that the executing officer or a person helping believes on reasonable grounds to be:
 (a) evidential material in relation to an offence to which the warrant relates; or
 (b) a thing relevant to another offence against this Act or the regulations that is an indictable offence;
if the executing officer or a person helping believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act or the regulations.
 (4) Paragraph (2)(e) does not prevent the issue of successive warrants in relation to the same premises.
 (5) If the application for the warrant is made under section 43P, this section applies as if:
 (a) subsection (1) referred to 48 hours rather than 72 hours; and
 (b) paragraph (2)(e) referred to 48 hours rather than 7 days.