Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_314aq:p2
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 314AQ (pt 2/2)
Character Range: 787196–788925

The magistrate need not accept the power conferred.
 (5) A magistrate exercising such a power has the same protection and immunity as if the magistrate were exercising that power as, or as a member of, the court of which the magistrate is a member.

Content of search warrant
 (6) The search warrant must:
 (a) describe the land, premises, vessel, aircraft or vehicle to which the warrant relates; and
 (b) state the purposes for which the warrant is issued, including a reference to the alleged contravention of the civil penalty provision or offence in relation to which the warrant is issued; and
 (c) state the name of the executing officer; and
 (d) state whether entry is authorised at any time of the day or night; and
 (e) describe the kind of documents or other things authorised to be seized; and
 (f) state the day the warrant ceases to be in force.
 (7) The day specified in the search warrant must not be more than 7 days after the day on which the warrant was issued.

Copy of warrant to be given to occupier etc.
 (8) If a warrant in relation to land or premises is being executed and the occupier of the land or premises, or another person who apparently represents the occupier, is present at the premises, the executing officer must give a copy of the warrant to that person.
 (9) If a warrant in relation to a vessel, aircraft or vehicle is being executed and the owner of the vessel, aircraft or vehicle, or another person who apparently represents the owner of the vessel, aircraft or vehicle is present, the executing officer must give a copy of the warrant to that person.
 (10) The executing officer must identify themselves to the person at the land, premises, vessel, aircraft or vehicle being searched.