Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p12
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 12/27)
Character Range: 29599–32425

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 indictable offence against an Australian law; 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 is executed, 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.

(4) If the warrant relates to a person, the Magistrate is also to state in the warrant:

         (a) the kind of search (ordinary or frisk) of the person that the warrant authorises; and

         (b) that the warrant authorises the seizure of anything (other than the evidential material referred to in paragraph (1)(c)) found, in the course of the search, in the possession of the person or in or on a vehicle recently used by the person, being a thing 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) a thing relevant to an indictable offence against an Australian law;

         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 indictable offence against an Australian law.

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