Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38e
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38E
Character Range: 153600–155242

38E  The things authorised by a search warrant in relation to premises
 (1) A warrant in force in relation to premises authorises the executing officer or an officer assisting to do any of the following:
 (a) to enter the premises (in the case of a vehicle, wherever it may be);
 (b) to search the premises for the evidential material specified in the warrant, and to seize such material if found at the premises;
 (c) to seize other things that are found at the premises in the course of the search and that the executing officer or an officer assisting believes on reasonable grounds to be:
 (i) evidential material relating to the relevant proceeding or investigation; or
 (ii) things relevant to an indictable offence against an Australian law;
  if the executing officer or officer 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 indictable offence against an Australian law;
 (d) to seize other things found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be seizable items;
 (e) if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises, if the executing officer or an officer assisting suspects on reasonable grounds that the person has in his or her possession any evidential material relating to the relevant proceeding or investigation or any seizable items.
 (2) If the warrant states that it may be executed only during particular hours, it must not be executed outside those hours.