Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p19
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 45087–47748

to prevent their concealment, loss or destruction or their 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 person assisting suspects on reasonable grounds that the person has any evidential material in his or her possession.

"(5) Paragraph (3)(e) does not prevent the issue of successive warrants in relation to the same premises.

"(6) If the application for the warrant is made under section 203M, this section applies as if:

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

    (b) paragraph (3)(e) referred to 48 hours rather than 7 days.

"(7) A judicial officer of a particular State or Territory may issue a warrant in respect of the search of premises in another State or Territory.

"(8) This section is not to be taken to limit any power of search granted to an officer of Customs under any other provision of a law of Customs or Excise within the meaning of the Customs Administration Act 1985.

The things that are authorised by a search warrant

"199.(1) A search warrant that is in force in relation to premises authorises the executing officer or a person assisting:

    (a) to enter the warrant premises; and

    (b) to search for and to record fingerprints found on or in the premises, and take samples of things (other than human biological fluid or tissue) found on or in the premises for forensic purposes; and

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

    (d) to seize other things found on or in the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds:

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

        (ii) not to be forfeited goods;

SCHEDULE 4—continued

    if the executing officer or person 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) if the warrant so allows:

        (i) to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any evidential material in his or her possession; and

        (ii) to seize any such material found in the course of the search.

"(2) Without limiting the generality of the powers