Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p13
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 13/27)
Character Range: 32175–34946

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.

38F The things authorised by a search warrant in relation to a person

      (1) A warrant in force in relation to a person authorises the executing officer or an officer assisting to do any of the following:

(a) to:

          (i) search the person in the manner specified in the warrant; and

          (ii) search things found in the possession of the person; and

         (iii) search any vehicle recently used by the person;

         for the evidential material specified in the warrant;

(b) to seize such evidential material if found in the course of the search;

         (c) to seize other things that are found, in the course of the search, in the possession of the person or in or on any vehicle recently used by the person 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 police 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 in the course of the search that the executing officer or a police officer assisting believes on reasonable grounds to be seizable items.

      (2) If the warrant states that it may be executed only during particular hours, it must not be executed outside those hours.

      (3) If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

38G Restrictions on personal searches

      A warrant may not authorise a strip search or a search of a person's body cavities.

38H Warrants may be issued by telephone etc.

      (1) A police officer may apply to a Magistrate for a warrant by telephone, telex, fax or other electronic means:

(a) in an urgent case; or