Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3e:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3E (pt 2/3)
Character Range: 75588–78236

pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.
 (6) The issuing officer is also to state, in a warrant in relation to premises:
 (a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:
 (i) evidential material in relation to an offence to which the warrant relates; or
 (ii) a thing relevant to another offence that is an indictable offence; or
 (iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);
  if the executing officer or a constable 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; and
 (aa) that the warrant authorises the seizure of a digital asset if paragraphs 3FA(1)(a) to (c) are satisfied; 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 a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.
 (7) The issuing officer is also to state, in a warrant in relation to a person:
 (a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found, in the course of the search, on or in the possession of the person or in a recently used conveyance, being a thing that the executing officer or a constable assisting believes on reasonable grounds to be:
 (i) evidential material in relation to an offence to which the warrant relates; or
 (ii) a thing relevant to another offence that is an indictable offence; or
 (iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);
  if the executing officer or a constable 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; and
 (aa) that the warrant authorises the seizure of a digital asset if paragraphs 3FA(2)(a) to (c) are satisfied; and
 (b) the kind of search of a person that the warrant authorises.
 (8) Paragraph (5)(e) and subsection (5A) do not prevent the issue of successive warrants in relation to the same premises or person.
 (9)