Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_414:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 414 (pt 2/2)
Character Range: 1206833–1208832

an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both; or
 (ii) any eligible seizable items.
 (3) For the purposes of this Act, ordinary search means a search of a person or of articles in the possession of a person that may include:
 (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
 (b) an examination of those items.
 (4) The magistrate 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 (1)(c)) found, in the course of the search, on or in the possession of the person or in an aircraft, vehicle or vessel that the person had operated or occupied at any time within 24 hours before the search began, being a thing that the executing officer or an officer assisting believes on reasonable grounds to be:
 (i) evidential material in relation to an offence, or in relation to a contravention of an environmental penalty provision, to which the warrant relates; or
 (ii) evidential material in relation to another offence against an environmental law, where the other offence is an indictable offence; or
 (iii) evidential material in relation to another contravention of an environmental penalty provision;
  if the executing officer or an officer 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 against an environmental law or in contravening an environmental penalty provision; and
 (b) the kind of search of a person that the warrant authorises.
 (5) Paragraph (1)(e) does not prevent the issue of successive warrants in relation to the same premises or person.
 (6) If the application for the warrant is made under section 416, this section applies as if paragraph (1)(e) referred to 48 hours rather than 7 days.