Document ID: chunk:federal_register_of_legislation:C2018C00169:section:71:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 71 (pt 2/3)
Character Range: 199578–202189

not named in the warrant), with such assistance, and by such force, as is necessary and reasonable:
 (a) to enter upon the land or upon or into the premises;
 (b) to search the land or premises for documents of the kind referred to in subsection (1); and
 (c) to seize any document found in the course of the search that the police officer believes, on reasonable grounds, to be a document of that kind.
 (5) A Judge shall not issue a search warrant under subsection (4) unless the Judge is satisfied that:
 (a) the document involved cannot be identified or described with sufficient particularity for the purpose of obtaining a production order in respect of the document;
 (b) a production order has been given in respect of the document and has not been complied with;
 (c) a production order in respect of the document would be unlikely to be effective because there are reasonable grounds to suspect that such a production order would not be complied with; or
 (d) the investigation for the purposes of which the search warrant is being sought might be seriously prejudiced if the police officer does not gain immediate access to the document without notice to any person.
 (6) A Judge shall not issue a search warrant under this section unless:
 (a) the informant or some other person has given the Judge, either orally or by affidavit, any further information that the Judge requires concerning the grounds on which the search warrant is sought; and
 (b) the Judge is satisfied that there are reasonable grounds for issuing the search warrant.
 (7) There shall be stated in a search warrant issued under this section:
 (a) a statement of the purpose for which the warrant is issued, including a reference to the nature of the indictable offence that has been or is believed to have been committed;
 (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;
 (c) a description of the kind of documents authorised to be seized; and
 (d) a date, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.
 (8) If, in the course of searching, under a warrant issued under this section, for a property‑tracking document in relation to a particular offence, a police officer finds:
 (a) any document that the police officer believes, on reasonable grounds, to be:
 (i) a property‑tracking document in relation to the offence, although not of a kind specified in the warrant; or
 (ii) a property‑tracking document in relation to another indictable offence; or
 (b) any thing that the police