Document ID: chunk:federal_register_of_legislation:C2021C00313:section:78
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 78
Character Range: 102507–103808

78  Applications for search warrants
 (1) If:
 (a) a police officer is authorised under section 77 to apply for a search warrant; and
 (b) the police officer has reasonable grounds for suspecting that the evidential material is, or within the applicable period referred to in subsection (3) of this section will be, at any premises;
the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a search warrant in relation to the premises to search for that material.
 (2) If:
 (a) a police officer is authorised under section 77 to apply for a search warrant; and
 (b) the police officer has reasonable grounds for suspecting that the evidential material is, or within the applicable period referred to in subsection (3) of this section will be, in a person's possession;
the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a search warrant in relation to that person to search for that material.
 (3) For the purposes of this section, the applicable period is:
 (a) if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 116—48 hours; or
 (b) otherwise—72 hours.
Note: Part 6 deals with search warrants.

Division 11A—Stored communications