Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_417:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 417 (pt 1/2)
Character Range: 1212444–1215124

417  The things that are authorised by a search warrant

Search of premises
 (1) A warrant that is in force in relation to premises authorises the executing officer or an officer assisting:
 (a) to enter the premises; and
 (b) to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and
 (c) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and
 (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:
 (i) evidential material in relation to an offence, or in relation to a contravention of an environmental penalty provision, to which the warrant relates; or
 (ii) evidential material in relation to another offence against an environmental law, where the other offence is an indictable offence; or
 (iii) evidential material in relation to another contravention of an environmental penalty provision;
  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 offence against an environmental law or in contravening an environmental penalty provision; and
 (e) 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 eligible seizable items; and
 (f) 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:
 (i) any evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both; or
 (ii) any eligible seizable items.

Search of a person
 (2) A warrant that is in force in relation to a person authorises the executing officer or an officer assisting:
 (a) to search:
 (i) the person as specified in the warrant and things found in the possession of the person; and
 (ii) any aircraft, vehicle or vessel that the person had operated or occupied at any time within 24 hours before the search began, for things specified in the warrant; and
 (b) to:
 (i) seize things of that kind; or
 (ii) record fingerprints from things; or
 (iii) take forensic samples from things;
  found in the course of the search; and
 (c) to seize other things found on or in the possession of the