Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p18
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 42647–45316

complied with, an officer of Customs may do what is necessary to give effect to the direction or to arrange for it to be done.

"(5) An officer of Customs must not detain a conveyance under this section for longer than is necessary and reasonable to exercise the powers conferred by this section.

SCHEDULE 4—continued

"Subdivision C—Search warrants in respect of things believed to be evidential material

When search warrants can be issued

"198.(1) A judicial officer may issue a warrant to search premises if the judicial officer is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or within the next 72 hours there will be, any evidential material, other than evidential material that is also a forfeited good, on or in the premises.

"(2) If:

    (a) the person applying for the warrant has, at any time previously, applied for a warrant relating to the search of, or the seizure of goods that are on or in, the same premises; and

    (b) the premises are not a Customs place;

the person must state particulars of those applications and their outcome in the information.

"(3) If a judicial officer issues a warrant, the judicial officer is to state in the warrant:

    (a) the offence to which the warrant relates; and

(b) a description of the premises to which the warrant relates; and

    (c) the kind of evidential material that is to be searched for under the warrant; and

    (d) the name of the authorised person who, unless he or she inserts the name of another authorised person in the warrant, is to be responsible for executing the warrant; and

    (e) the period for which the warrant remains in force, which must not be more than 7 days; and

    (f) whether the warrant may be executed at any time or only during particular hours.

"(4) The judicial officer is also to state in the warrant:

    (a) that it authorises the seizure of things (other than evidential material of the kind referred to in paragraph (3)(c)) 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

    (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