Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p6
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 12752–15406

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 or Territory; or

    (b) issue a warrant in relation to premises or a person in an external Territory; or

    (c) issue a warrant in relation to premises or a person in another State or internal Territory (including the Jervis Bay Territory) if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or

    (d) issue a warrant in relation to a person wherever the person is in Australia or in an external Territory if he or she is satisfied that it is not possible to predict where the person may be.

The things that are authorised by a search warrant

"3F.(1) A warrant that is in force in relation to premises authorises the executing officer or a constable assisting:

    (a) to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and

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

    (c) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and

    (d) to seize other things 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) evidential material in relation to another offence that is an indictable offence;

    if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

    (e) to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items; and

    (f) if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises 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.

"(2) A warrant that is in force in relation to a person authorises the executing officer or a constable assisting:

    (a) to search the person as specified in the warrant and things found in the possession of the person