Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p5
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 10290–12973

warrant may be executed at any time or only during particular hours.

"(6) The issuing officer is also to state, in a warrant in relation to premises:

    (a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

        (i) evidential material in relation to an offence to which the warrant relates; or

        (ii) a thing relevant to another offence that is an indictable offence;

     if the executing officer or a constable assisting 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; and

    (b) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.

"(7) The issuing officer is also to state, in a warrant in relation to a person:

     (a) that the warrant authorises the seizure of a thing (other, than evidential material of the kind referred to in paragraph (5)(c)) found, in the course of the search, on or in the possession of the person or in a recently used conveyance, being a thing that the executing officer or a constable assisting believes on reasonable grounds to be:

      (i) evidential material in relation to an offence to which the warrant relates; or

      (ii) a thing relevant to another offence that is an indictable offence;

     if the executing officer or a constable assisting 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; and

  (b) the kind of search of a person that the warrant authorises.

"(8) Paragraph (5)(e) does not prevent the issue of successive warrants in relation to the same premises or person.

"(9) If the application for the warrant is made under section 3R, this section applies as if:

     (a) subsections (1) and (2) referred to 48 hours rather than 72 hours; and

  (b) paragraph (5)(e) referred to 48 hours rather than 7 days.

"(10) An issuing officer in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory.

  "(11) An issuing officer in a State or internal Territory may:

    (a) issue a warrant in relation to premises or a person in that State