Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p7
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 15172–17875

possession.

"(2) A warrant that is in force in relation to a person authorises the executing officer or a constable assisting:

    (a) to search the person as specified in the warrant and things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; and

  (b) to:

        (i) seize things of that kind; or

        (ii) record fingerprints from things; or

        (iii) to 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 person or in the conveyance 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;

     if the executing officer or a constable 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 offence; and

    (d) to seize other things found in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items.

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

"(4) 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.

"(5) If things are seized under a warrant, the warrant authorises the executing officer to make the things available to officers of other agencies if it is necessary to do so for the purpose of investigating or prosecuting an offence to which the things relate.

Availability of assistance and use of force in executing a warrant

  "3G.  In executing a warrant:

  (a) the executing officer may obtain such assistance; and

     (b) the executing officer, or a person who is a constable and who is assisting in executing the warrant may use such force against persons and things; and

     (c) a person who is not a constable and who has been authorised to assist in executing the warrant may use such force against things;

as is necessary and reasonable in the circumstances.

Details of warrant to be given to occupier etc.

"3H.(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer or a constable assisting must make available to that person a