Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3ueb:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3UEB (pt 2/3)
Character Range: 144087–146918

exercise, of the powers under section 3UEA in relation to the premises, the post‑entry warrant or a notice of refusal to issue the warrant; and
 (j) set out the time, date and place of the entry; and
 (k) set out any other information, and be accompanied by any documents, the police officer considers relevant to the application.
 (3) The information in the application must be sworn or affirmed by the police officer.

Requesting further information or documents
 (4) The assessment officer may request, in writing, that the police officer provide further information or documents relating to the application, and that the police officer do so in a particular way.
 (5) If the police officer is unable to provide some or all of the further information or documents requested, the police officer must, within a reasonable period, notify the assessment officer:
 (a) of the information or documents that cannot be provided; and
 (b) of the reasons why the information or documents cannot be provided.
 (6) If the assessment officer is notified in accordance with subsection (5) that some or all of the further information or documents cannot be provided, the assessment officer must (unless there is another reason not to) continue to consider the application despite having not received the further information or documents.

Issue of warrant
 (7) The assessment officer must:
 (a) issue the post‑entry warrant if, and only if, the assessment officer is satisfied, on the balance of probabilities, that in entering the premises the police officer suspected, on reasonable grounds, the matters mentioned in paragraphs 3UEA(1)(a) and (b); and
 (b) otherwise, refuse to issue the post‑entry warrant.
 (8) The issue of, or refusal to issue, the post‑entry warrant does not affect whether or not the exercise, or purported exercise, of powers under section 3UEA was valid.
Note: Section 138 of the Evidence Act 1995 (discretion to exclude improperly or illegally obtained evidence) may apply to evidence obtained as a result of the exercise, or purported exercise, of powers under section 3UEA of this Act.

Content of warrant
 (9) The post‑entry warrant, if issued, must include the following:
 (a) the information mentioned in paragraphs (2)(c), (d), (e) and (j);
 (b) a statement of the reasons for issuing the warrant;
 (c) a statement that the warrant has been issued under this section.

Notification requirements
 (10) If the assessment officer issues the post‑entry warrant, the assessment officer must give a copy of the warrant to the persons mentioned in subsection (12) as soon as reasonably practicable after issuing the warrant.
 (11) If the assessment officer refuses to issue the post‑entry warrant:
 (a) the assessment officer must give written notice of the refusal to the persons mentioned in subsection (12) as soon