Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p15
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 15/27)
Character Range: 37200–39914

satisfied that the exercise of a power under a warrant issued under section 38H was duly authorised; and

(b) the form of warrant signed by the Magistrate is not produced in evidence;

      the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

Division 3—Execution of search warrants

38J Availability of assistance and use of force in executing a warrant

      In executing a search warrant:

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

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

         (c) a person who is not a police officer 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.

38K Copy of warrant to be shown to occupier etc.

(1) If:

(a) a search warrant in relation to premises is being executed; and

         (b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

      the executing officer or an officer assisting must make a copy of the warrant available to that person.

      (2) If a search warrant in relation to a person is being executed, the executing officer or an officer assisting must make a copy of the warrant available to that person.

      (3) If a person is searched under a search warrant in relation to premises, the executing officer or an officer assisting must show the person a copy of the warrant.

(4) The executing officer must identify himself or herself to:

(a) the person present at the premises; or

(b) the person being searched; as the case requires.

      (5) The copy of the warrant referred to in subsection (1), (2) or (3) need not include the signature of the Magistrate who issued it.

38L Specific powers available to officers executing warrants

      (1) When executing a search warrant in relation to premises, the executing officer or an officer assisting may:

(a) for a purpose incidental to the execution of the warrant; or

(b) with the written consent of the occupier of the premises;

      photograph, film or videorecord the premises or things at the premises.

      (2) The executing officer of a warrant in relation to premises and the officers assisting (if any) may not resume and complete the execution of the warrant if they:

(a) cease to execute the warrant; and

         (b) leave the premises for a period of more than one hour without the written consent of the occupier of the premises.

      (3) If:

(a) the execution of a search warrant is stopped by an order of a court;