{"id":"tas:act-1997-034","name":"Search Warrants Act 1997","slug":"search-warrants-act-1997","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"34 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176978,"registerId":"tas-tas:act-1997-034-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Search Warrants Act 1997](/view/html/inforce/2026-04-12/act-1997-034) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***conveyance*** includes an aircraft, vehicle or vessel;\n> \n> > ***evidential material*** means a thing relevant to an offence, including such a thing in electronic form;\n> \n> > ***executing officer***, in relation to a warrant, means –\n> > \n> > > > (a) the police officer named in the warrant by the issuing officer as being responsible for executing the warrant; or\n> > > \n> > > > (b) if that police officer does not intend to be present at the execution of the warrant – another police officer whose name has been written in the warrant by the police officer so named; or\n> > > \n> > > > (c) another police officer whose name has been written in the warrant by the police officer last named in the warrant;\n> \n> > ***frisk search*** means –\n> > \n> > > > (a) a search of a person conducted by running the hands over the person's outer garments; and\n> > > \n> > > > (b) an examination of anything worn by the person that is voluntarily removed by the person;\n> \n> > ***issuing officer***, in relation to a warrant to search premises, means a justice of the peace but does not include a magistrate;\n> \n> > ***ordinary search*** means a search of a person or of articles in the possession of a person that may include –\n> > \n> > > > (a) requiring the person to remove his or her overcoat, coat, jacket or similar clothing and any gloves, shoes and hat; and\n> > > \n> > > > (b) an examination of those items;\n> \n> > ***person assisting***, in relation to a warrant, means –\n> > \n> > > > (a) a person who is a police officer and who is assisting in executing the warrant; or\n> > > \n> > > > (b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant;\n> \n> [*\\[Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja67@GC1@EN)\n> \n> > ***premises*** includes a place and a conveyance;\n> \n> > ***seizable item*** means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody;\n> \n> > ***thing relevant to an offence*** means –\n> > \n> > > > (a) anything with respect to which an offence against any law of the State has been committed or is suspected, on reasonable grounds, to have been committed; or\n> > > \n> > > > (b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or\n> > > \n> > > > (c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence;\n> \n> > ***warrant*** means a warrant under this Act;\n> \n> > ***warrant premises*** means premises in relation to which a warrant is in force.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"### 4 Application of Act\n\n> > (1)  This Act is not intended to limit or exclude the operation of another law of the State relating to –\n> > \n> > > > (a) the search of persons or premises; or\n> > > \n> > > > (b) arrest and related matters; or\n> > > \n> > > > (c) the stopping, detaining or searching of conveyances; or\n> > > \n> > > > (d) the seizure of things.\n> \n> > (2)  To avoid any doubt, it is declared that, even though another law of the State provides power to do one or more of the things referred to in [subsection (1)](#GS4@Gs1@EN) , a similar power conferred by this Act may be used despite the existence of the power under the other law.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"When search warrants can be issued","content":"### 5 When search warrants can be issued\n\n> > (1)  An issuing officer may issue a warrant to search premises if the officer is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.\n> \n> > (2)  If an issuing officer issues a warrant, the issuing officer is to state in the warrant –\n> > \n> > > > (a) the offence to which the warrant relates; and\n> > > \n> > > > (b) a description of the premises to which the warrant relates; and\n> > > \n> > > > (c) the kinds of evidential material that are to be searched for under the warrant; and\n> > > \n> > > > (d) the name of the police officer who, unless he or she inserts the name of another police officer in the warrant, is to be responsible for executing the warrant; and\n> > > \n> > > > (e) the period for which the warrant remains in force, which is not to be more than 28 days; and\n> > > \n> > > > (f) whether the warrant may be executed at any time or only during particular hours; and\n> > > \n> > > > (g) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in [paragraph (c)](#GS5@Gs2@Hpc@EN) ) found at the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds to be –\n> > > > \n> > > > > > (i) evidential material in relation to an offence to which the warrant relates; or\n> > > > > \n> > > > > > (ii) evidential material in relation to another offence –\n> > > > \n> > > > if the executing officer or person 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\n> > > \n> > > > (h) that the warrant authorises the executing officer or a person assisting who is a police officer to conduct an ordinary search and a frisk search of any person who is at or near the premises when the warrant is executed if the executing officer or person assisting suspects on reasonable grounds that theperson has any evidential material or seizable items in his or her possession; and\n> > > \n> > > > (i) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in [paragraph (c)](#GS5@Gs2@Hpc@EN) ) found, in the course of a search of a person, on or in the possession of the person that the executing officer or a person assisting who is a police officer believes on reasonable grounds to be –\n> > > > \n> > > > > > (i) evidential material in relation to an offence to which the warrant relates; or\n> > > > > \n> > > > > > (ii) evidential material in relation to another offence –\n> > > > \n> > > > if the executing officer or person 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.\n> \n> > (3)  [Subsection (2)(e)](#GS5@Gs2@Hpe@EN) does not prevent the issue of successive warrants in relation to the same premises.\n> \n> > (4)  If the application for the warrant is made under [section 15](#GS15@EN) , this section applies as if –\n> > \n> > > > (a) [subsection (1)](#GS5@Gs1@EN) referred to 48 hours rather than 72 hours; and\n> > > \n> > > > (b) [subsection (2)(e)](#GS5@Gs2@Hpe@EN) referred to 48 hours rather than 28 days.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Things authorised by search warrant","content":"### 6 Things authorised by search warrant\n\n> > (1)  A warrant that is in force in relation to premises authorises the executing officer or a person assisting –\n> > \n> > > > (a) to enter the warrant premises and, if the premises are a conveyance, to stop, detain and enter the conveyance, wherever it is; and\n> > > \n> > > > (b) to search for and record fingerprints found at the premises and to take samples of things, and from things, found at the premises for forensic purposes; and\n> > > \n> > > > (c) to search a conveyance, container or thing found on the premises; and\n> > > \n> > > > (d) 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\n> > > \n> > > > (e) to seize a thing found at the premises in the course of the search that the executing officer or person assisting believes on reasonable grounds to be –\n> > > > \n> > > > > > (i) evidential material in relation to an offence to which the warrant relates; or\n> > > > > \n> > > > > > (ii) evidential material in relation to another offence –\n> > > > \n> > > > if the executing officer or person 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\n> > > \n> > > > (f) to seize a thing found at the premises in the course of the search that the executing officer or person assisting believes on reasonable grounds to be a seizable item.\n> \n> > (2)  A warrant that is in force in relation to premises authorises the executing officer or a person assisting who is a police officer –\n> > \n> > > > (a) to conduct an ordinary search and a frisk search of any person at or near the premises if the executing officer or person assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession; and\n> > > \n> > > > (b) to detain any person at or near the premises for the purpose of conducting an ordinary search and a frisk search of the person; and\n> > > \n> > > > (c) to –\n> > > > \n> > > > > > (i) seize a thing of the kind specified in the warrant; and\n> > > > > \n> > > > > > (ii) record fingerprints from any thing; and\n> > > > > \n> > > > > > (iii) take forensic samples of any thing –\n> > > > \n> > > > found, in the course of a search of a person, on or in the possession of the person; and\n> > > \n> > > > (d) to seize a thing found, in the course of a search of a person, on or in the possession of the person that the executing officer or person assisting believes on reasonable grounds to be –\n> > > > \n> > > > > > (i) evidential material in relation to an offence to which the warrant relates; or\n> > > > > \n> > > > > > (ii) evidential material in relation to another offence –\n> > > > \n> > > > if the executing officer or person 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\n> > > \n> > > > (e) to seize a thing found, in the course of a search of a person, on or in the possession of the person that the executing officer or person assisting believes on reasonable grounds to be a seizable item.\n> \n> > (3)  A warrant that is in force in relation to premises authorises a person assisting who is not a police officer –\n> > \n> > > > (a) to record fingerprints from any thing; or\n> > > \n> > > > (b) to take forensic samples from any thing –\n> > \n> > found on or in the possession of a person in the course of a search of that person conducted in accordance with [subsection (2)](#GS6@Gs2@EN) .\n> \n> > (4)  If a thing is seized under a warrant, the warrant authorises the executing officer to make the thing available to an officer of another agency of this State, another State, a Territory or the Commonwealth if it is necessary to do so for the purpose of investigating or prosecuting an offence to which the thing relates.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Availability of assistance and use of force in executing a warrant","content":"### 7 Availability of assistance and use of force in executing a warrant\n\n> In executing a warrant –\n> \n> > > (a) the executing officer may obtain such assistance as is necessary and reasonable in the circumstances; and\n> > \n> > > (b) the executing officer or a person assisting who is a police officer may use such force against persons and things as is necessary and reasonable in the circumstances; and\n> > \n> > > (c) a person assisting who is not a police officer may use such force against things as is necessary and reasonable in the circumstances.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Details of warrant to be given to occupier, &c.","content":"### 8 Details of warrant to be given to occupier, &c.\n\n> > (1)  If a warrant is being executed and the occupier of the warrant premises or another person who apparently represents the occupier is present at the warrant premises, the executing officer or a person assisting is to show to that person a copy of the warrant.\n> \n> > (2)  If a person is searched under a warrant, the executing officer or a person assisting who is a police officer is to show the person a copy of the warrant.\n> \n> > (3)  The executing officer is to identify himself or herself to the person at the premises or the person being searched, as the case may be.\n> \n> > (4)  The copy of the warrant referred to in [subsection (1)](#GS8@Gs1@EN) need not include the signature of the issuing officer.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Specific powers available to police officers executing warrant","content":"### 9 Specific powers available to police officers executing warrant\n\n> > (1)  In executing a warrant, the executing officer or a person assisting may –\n> > \n> > > > (a) for a purpose incidental to the execution of the warrant; or\n> > > \n> > > > (b) if the occupier of the warrant premises consents –\n> > \n> > take photographs (including video recordings) of the premises or of things at the premises.\n> \n> > (2)  If a warrant is being executed, the executing officer and the persons assisting may, if thewarrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the warrant premises –\n> > \n> > > > (a) for not more than one hour; or\n> > > \n> > > > (b) for a longer period if the occupier of the premises consents.\n> \n> > (3)  If –\n> > \n> > > > (a) the execution of a warrant is stopped by an order of a court; and\n> > > \n> > > > (b) the order is later revoked or reversed on appeal; and\n> > > \n> > > > (c) the warrant is still in force –\n> > \n> > the execution of the warrant may be completed.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Use of equipment to examine or process things","content":"### 10 Use of equipment to examine or process things\n\n> > (1)  The executing officer or a person assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant.\n> \n> > (2)  The executing officer or a person assisting may remove a thing from the warrant premises, or cause a thing to be removed from those premises, to another place for examination or processing in order to determine whether it is a thing that may be seized under the warrant.\n> \n> > (3)  The executing officer or a person assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if he or she believes on reasonable grounds that –\n> > \n> > > > (a) the equipment is suitable for the examination or processing; and\n> > > \n> > > > (b) the examination or processing can be carried out without damage to the equipment or the thing.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Use of electronic equipment at premises","content":"### 11 Use of electronic equipment at premises\n\n> > (1)  The executing officer or a person assisting may operate electronic equipment at the warrant premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.\n> \n> > (2)  If the executing officer or a person assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may –\n> > \n> > > > (a) seize the equipment and any disk, tape or other associated device; or\n> > > \n> > > > (b) if the material can, by using facilities at the premises, be put in documentary form, operate the facilities to put the material in that form and seize the documents so produced; or\n> > > \n> > > > (c) if the material can be transferred to a disk, tape or other storage device that –\n> > > > \n> > > > > > (i) is brought to the premises; or\n> > > > > \n> > > > > > (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises –\n> > > > \n> > > > operate the equipment to transfer the material to the disk, tape or other storage device and take the disk, tape or other storage device from the premises.\n> \n> > (3)  The executing officer or a person assisting may seize equipment under [subsection (2)(a)](#GS11@Gs2@Hpa@EN) only if –\n> > \n> > > > (a) it is not practicable to put the material in documentary form as mentioned in [subsection (2)(b)](#GS11@Gs2@Hpb@EN) or to copy the material as mentioned in [subsection (2)(c)](#GS11@Gs2@Hpc@EN) ; or\n> > > \n> > > > (b) possession by the occupier of the equipment could constitute an offence.\n> \n> > (4)  If the executing officer or a person assisting believes on reasonable grounds that –\n> > \n> > > > (a) evidential material may be accessible by operating electronic equipment at the premises; and\n> > > \n> > > > (b) expert assistance is required to operate the equipment; and\n> > > \n> > > > (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with –\n> > \n> > he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.\n> \n> > (5)  The executing officer or a person assisting is to give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n> \n> > (6)  The equipment may be secured –\n> > \n> > > > (a) for a period not exceeding 24 hours; or\n> > > \n> > > > (b) until the equipment has been operated by the expert –\n> > \n> > whichever happens first.\n> \n> > (7)  If the executing officer or a person assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to an issuing officer for an extension of that period.\n> \n> > (8)  The executing officer or a person assisting is to give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.\n> \n> > (9)  The provisions of this Act relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Copies of seized things to be provided","content":"### 12 Copies of seized things to be provided\n\n> > (1)  Subject to [subsection (2)](#GS12@Gs2@EN) , if the executing officer or a person assisting seizes –\n> > \n> > > > (a) a document, film, computer file or other thing that can be readily copied; or\n> > > \n> > > > (b) a storage device, the information in which can be readily copied –\n> > \n> > the executing officer or person assisting, if requested to do so by the occupier of the warrant premises or another person who apparently represents the occupier and who is present when the warrant is executed, is to give a copy of the thing or the information to that person as soon as practicable after the seizure.\n> \n> > (2)  [Subsection (1)](#GS12@Gs1@EN) does not apply if –\n> > \n> > > > (a) the thing that has been seized was seized or taken under [section 11(2)(b)](#GS11@Gs2@Hpb@EN) or [(c)](#GS11@Gs2@Hpc@EN) ; or\n> > > \n> > > > (b) possession by the occupier of the document, film, computer file, thing or information could constitute an offence.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Occupier entitled to be present during search","content":"### 13 Occupier entitled to be present during search\n\n> > (1)  If a warrant is being executed and the occupier of the warrant premises or another person who apparently represents the occupier is present at the premises, the occupier or other person is entitled to observe the search being conducted.\n> \n> > (2)  The right to observe the search being conducted ceases if the occupier or other person impedes the search.\n> \n> > (3)  This section does not prevent 2 or more areas of the premises being searched at the same time.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Receipts for things seized under warrant","content":"### 14 Receipts for things seized under warrant\n\n> > (1)  If a thing is seized under a warrant or removed under [section 10(2)](#GS10@Gs2@EN) , the executing officer or a person assisting is to provide a receipt for the thing.\n> \n> > (2)  If 2 or more things are seized or removed, they may be covered in the one receipt.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Warrants by telephone or other electronic means","content":"### 15 Warrants by telephone or other electronic means\n\n> > (1)  A police officer may make an application to an issuing officer for a warrant by telephone, telex, facsimile or other electronic means –\n> > \n> > > > (a) in an urgent case; or\n> > > \n> > > > (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.\n> \n> > (2)  The issuing officer may require communication by voice to the extent that is practicable in the circumstances.\n> \n> > (3)  An application under this section is to include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn.\n> \n> > (4)  If an application is made to an issuing officer under this section and the issuing officer, after considering the information and having received and considered such further information (if any) as the issuing officer required, is satisfied that –\n> > \n> > > > (a) a warrant in the terms of the application should be issued urgently; or\n> > > \n> > > > (b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant –\n> > \n> > the issuing officer may complete and sign the same form of warrant that would be issued under [section 5](#GS5@EN) .\n> \n> > (5)  If the issuing officer decides to issue the warrant, the issuing officer is to inform the applicant, by telephone, telex, facsimile or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.\n> \n> > (6)  The applicant is to then complete a form of warrant in terms substantially corresponding to those given by the issuing officer, stating on the form the name of the issuing officer and the day on which and the time at which the warrant was signed.\n> \n> > (7)  The applicant, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, is to give or transmit to the issuing officer the form of warrant completed by the applicant and, if the information referred to in [subsection (3)](#GS15@Gs3@EN) was not sworn, that information duly sworn.\n> \n> > (8)  The issuing officer is to attach to the documents provided under [subsection (7)](#GS15@Gs7@EN) the form of warrant completed by the issuing officer.\n> \n> > (9)  If –\n> > \n> > > > (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and\n> > > \n> > > > (b) the form of warrant signed by the issuing officer is not produced in evidence –\n> > \n> > the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Searches without warrant in emergency situations","content":"### 16 Searches without warrant in emergency situations\n\n> > (1)  This section applies if a police officer suspects, on reasonable grounds, that –\n> > \n> > > > (a) a thing relevant to an offence is in or on a conveyance; and\n> > > \n> > > > (b) it is necessary to exercise a power under [subsection (2)](#GS16@Gs2@EN) in order to prevent the thing from being concealed, lost or destroyed.\n> \n> > (2)  The police officer may –\n> > \n> > > > (a) stop and detain the conveyance; and\n> > > \n> > > > (b) search the conveyance, and any thing attached to or carried in or on the conveyance, for the thing; and\n> > > \n> > > > (c) seize the thing if he or she finds it there; and\n> > > \n> > > > (d) if in immediate pursuit of a conveyance, continue the pursuit of that conveyance onto any premises and exercise any of the powers specified in [paragraph (a)](#GS16@Gs2@Hpa@EN) , [(b)](#GS16@Gs2@Hpb@EN) or [(c)](#GS16@Gs2@Hpc@EN) while the conveyance is on those premises.\n> \n> > (3)  If, in the course of searching for the thing, the police officer finds another thing relevant to an offence, the police officer may seize that thing if he or she suspects, on reasonable grounds, that it is necessary to seize it in order to prevent its concealment, loss or destruction.\n> \n> > (4)  The police officer is to exercise his or her powers subject to [section 17](#GS17@EN) .","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"How a police officer exercises a power under section 16","content":"### 17 How a police officer exercises a power under section 16\n\n> When a police officer exercises a power under section 16 in relation to a conveyance, he or she –\n> \n> > > (a) may use such assistance as is necessary; and\n> > \n> > > (b) except when exercising a power under [section 16](#GS16@EN) in the circumstances referred to in [section 16(2)(d)](#GS16@Gs2@Hpd@EN) , is to search the conveyance in a public place or in some other place to which members of the public have ready access; and\n> > \n> > > (c) is not to detain the conveyance for longer than is necessary and reasonable to search it and any thing attached to or found in or on the conveyance; and\n> > \n> > > (d) may use such force as is necessary and reasonable in the circumstances, but is not to damage the conveyance or any thing attached to or found in or on the conveyance by forcing open a part of the conveyance or thing unless –\n> > > \n> > > > > (i) the person (if any) apparently in charge of the conveyance has been given a reasonable opportunity to open that part or thing; or\n> > > > \n> > > > > (ii) it is not possible to give that person such an opportunity.","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Conduct of frisk searches","content":"### 18 Conduct of frisk searches\n\n> A frisk search of a person under this Act is, if practicable, to be conducted by a person of the same sex as the person being searched.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Announcement before entry","content":"### 19 Announcement before entry\n\n> > (1)  Before any person enters premises under a warrant, the executing officer is to –\n> > \n> > > > (a) announce that he or she and any person assisting is authorised to enter the premises; and\n> > > \n> > > > (b) give any person at the premises an opportunity to allow entry to the premises.\n> \n> > (2)  The executing officer is not required to comply with [subsection (1)](#GS19@Gs1@EN) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure –\n> > \n> > > > (a) the safety of a person (including a police officer); or\n> > > \n> > > > (b) that the effective execution of the warrant is not frustrated.","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Retention of things which are seized","content":"### 20 Retention of things which are seized\n\n> Subject to any contrary order of a court, if a thing is seized under this Act, a police officer is to return it if the reason for its seizure no longer exists or it is decided that it is not to be used in evidence unless the thing is forfeited or forfeitable to the Crown or is the subject of a dispute as to ownership.","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Refusal, &c., of admission of executing officer to warrant premises","content":"### 21 Refusal, &c., of admission of executing officer to warrant premises\n\n> > (1)  If the admission to the warrant premises of the executing officer or a person assisting is refused, or is delayed or obstructed for such time that it may reasonably be inferred that the delay or obstruction was intentional, the occupier of the premises and any other person whorefuses, delays or obstructs the admission of the executing officer or person assisting are each guilty of an offence.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months.\n> \n> > (2)  If an executing officer or a person assisting is conducting a search of warrant premises or if an executing officer or a person assisting who is a police officer is conducting a search of a person on those premises, any person who obstructs the police officer or person assisting conducting such a search is guilty of an offence.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months.","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Law relating to legal professional privilege not affected","content":"### 22 Law relating to legal professional privilege not affected\n\n> This Act does not affect the law relating to legal professional privilege.","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Laws relating to taking forensic samples not affected","content":"### 23 Laws relating to taking forensic samples not affected\n\n> [*\\[Section 23 Amended by No. 38 of 2015, s. 51, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-038#GS51@EN) Nothing in this Act is intended to limit or exclude the operation of the [Forensic Procedures Act 2000](/view/html/inforce/2026-04-12/act-2000-101) .","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Regulations","content":"### 24 Regulations\n\n> > (1)  The Governor may make regulations for the purpose of this Act.\n> \n> > (2)  Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.\n> \n> > (4)  The regulations may authorise any matter to be determined, applied or regulated by any person or body.\n> \n> > (5)  The regulations may confer a power and impose a duty on a specified person or a specified class of persons.\n> \n> > (6)  The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (7)  Regulations under [subsection (6)](#GS24@Gs6@EN) may take effect from the commencement of this Act or a later day.","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Administration of Act","content":"### 25 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.","sortOrder":24}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication of scope change from the original intent. The Act appears to remain focused on its original purpose of regulating the issue and execution of search warrants in Tasmania. However, a full assessment of scope changes is not possible without access to the complete operative text and amendment history."},"complexity_factors":["Insufficient legislative text provided — only status/metadata was included, preventing full analysis of operative provisions","Search warrant legislation typically involves procedural requirements with multiple conditions and exceptions","Interaction with broader criminal procedure law and constitutional rights (implied freedom from unreasonable search)","Potential cross-referencing with other Tasmanian statutes (e.g., Police Offences Act, Evidence Act)","Act has been in force since 1997 with amendments, meaning layered changes may create complexity in understanding current law"],"plain_english_summary":"## Search Warrants Act 1997 (Tasmania)\n\n**What is this law?**\nThis is a Tasmanian law that governs how **search warrants** (official court orders that allow police or other authorised officers to enter and search a property) are issued and used in Tasmania.\n\n**Who does it affect?**\n- **Ordinary Tasmanians**: If police want to search your home, business, or vehicle, this law sets the rules they must follow.\n- **Police and law enforcement officers**: They must comply with the procedures in this Act when applying for and executing search warrants.\n- **Magistrates and judges**: They are responsible for deciding whether to issue a warrant.\n\n**Why does it matter?**\nThis Act protects your rights by ensuring police cannot simply search your property without proper legal authority. They must:\n1. Apply to a magistrate and demonstrate reasonable grounds for suspicion\n2. Operate within the terms of the warrant issued\n3. Follow specific procedures when carrying out a search\n\n**The bottom line**: This law balances the community's need for effective law enforcement with your fundamental right to privacy and protection from unreasonable searches of your property.\n\n> ⚠️ **Note**: Only metadata and status information was available in the provided text — the full operative provisions of the Act were not included. This summary reflects the general nature and purpose of this type of legislation."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating search warrants. The 2003 amendment added definitions for 'person assisting' and the 2015 amendment clarified interaction with forensic procedures law, but these are refinements rather than scope expansion. The Act maintains its core focus on warrant procedures, emergency searches, and execution protocols without significant mission creep."},"complexity_factors":["11 defined terms in section 3, some with nested definitions (e.g., 'executing officer' has 3 cascading sub-paragraphs)","Multiple cross-references between sections (e.g., section 5(4) modifies section 5(1) and (2) for telephone warrants; section 15(9) creates a rebuttable presumption about validity)","Conditional logic throughout: reasonable grounds requirements, 'if practicable' clauses, 'unless' exceptions","Layered powers: different rules for executing officers vs persons assisting (police vs non-police) vs urgent situations","Special procedures for electronic equipment (section 11) with time limits, notice requirements, and extension applications","Telephone warrant procedure (section 15) has 9 subsections with specific timing and documentation requirements","Emergency vehicle search powers (section 16) interact with execution rules (section 17) creating a two-tier system"],"plain_english_summary":"This law sets out the rules for police to get and use search warrants in Tasmania (this is a Tasmanian Act, not Commonwealth, but the user asked for Commonwealth analysis — I'll note this is State legislation but analyse it as requested). It covers:\n\n**What it does:**\n- Lets police apply to a Justice of the Peace (not a magistrate) for a warrant to search premises, vehicles, or aircraft if they suspect evidence of a crime is there\n- Allows \"telephone warrants\" in urgent cases where waiting would ruin the search\n- Permits emergency searches of vehicles without a warrant if evidence might be destroyed\n\n**Key powers granted:**\n- Enter and search premises, including stopping and searching vehicles anywhere\n- Seize evidence, dangerous items, and things that could help someone escape custody\n- Search people at the scene (frisk searches and ordinary searches requiring removal of outer clothing)\n- Use electronic equipment to access data, with special rules for securing computers for up to 24 hours if expert help is needed\n- Take photos and videos (with consent or if incidental to the search)\n- Use \"necessary and reasonable\" force\n\n**Protections for occupiers:**\n- Must be shown a copy of the warrant\n- Can observe the search (unless they interfere)\n- Must get receipts for seized items\n- Can request copies of seized documents or data\n- Police must announce themselves before entry (unless safety is at risk)\n\n**Who it affects:**\n- Police officers executing searches\n- Justices of the Peace who issue warrants\n- Occupiers of premises being searched\n- People present during searches who may be searched\n\n**Why it matters:**\nIt balances police powers to investigate crime against individual rights, setting clear procedures to prevent abuse of search powers while allowing flexibility for urgent situations."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The supplied text shows that parts of the Act have been amended since enactment (an amendment to section 3 is recorded as applied 1 Jan 2004; section 23 records an amendment applied 13 Oct 2015). Those notes indicate the Act's scope and definitions have been altered in the legislative history. The text also contains special rules that modify general timing or duration rules in particular circumstances (for example, s5(4) modifies the timing limits in s5 when the application is made under s15). The supplied material does not include the original unamended text or full amendment history, so the precise direction and extent of each historical change beyond the cited amendment notes cannot be further detailed from the material provided."},"complexity_factors":["Multiple defined terms that affect scope (e.g. \"evidential material\", \"seizable item\", \"executing officer\") (s3).","Distinct actor roles with overlapping powers and discretionary authority (issuing officer, executing officer, police assistants, non‑police assistants) (ss3,6,7).","Detailed rules and exceptions for electronic equipment access, copying, seizure, securing and extensions (s11(1)–(9)).","Emergency and warrantless powers for conveyances with specific procedural limits (ss16–17).","Telephone/electronic warrant procedure that requires subsequent documentary steps and creates an evidential presumption risk if not complied with (s15(3)–(9)).","Interplay with other laws and cross‑agency sharing of seized items; Act preserves other statutes and refers to separate forensic legislation (ss4,6(4),23).","Time‑limit and renewal rules that vary depending on how the warrant was sought (s5(2)(e), s5(4)).","Multiple procedural safeguards (copies, receipts, right to observe, notice and hearing for certain actions) combined with criminal sanctions for obstruction, creating compliance and enforcement complexity (ss8,12–14,21)."],"plain_english_summary":"# What this law does, who it affects, and why it matters\n\nThis Act sets out when and how police can obtain and execute search warrants in the State and the powers they may use while doing so. It defines key terms (for example, \"evidential material\", \"premises\", \"executing officer\") and establishes procedural rules for issuing warrants, conducting searches, seizing items, and handling electronic equipment. (See definitions, s3; threshold for warrants, s5; powers on execution, s6; electronic equipment, s11.)\n\nWho is affected\n\n- Police officers: they apply for, execute and may authorise assistants to help with warrants (s3, s6, s7).  \n- Issuing officers: a justice of the peace may issue warrants to search premises (s3, s5).  \n- Occupiers and other persons present at premises: they are subject to searches, seizure, short-term restrictions on equipment, and must be shown a copy of the warrant when present (ss8, 11, 12, 13).  \n- Non-police assistants: may be authorised by the executing officer to assist and may perform limited functions (s3, s6(3), s7).  \n- Businesses and owners of electronic equipment or conveyances: the Act permits seizure, temporary securing, removal for forensic processing and inter‑agency sharing of seized items (ss6, 10, 11, 6(4)).\n\nHow it works mechanically (key rules and procedures)\n\n- Grounds and issue: a justice of the peace may issue a warrant where information on oath gives reasonable grounds to suspect evidential material is at premises now or will be there within 72 hours; warrants must describe the offence, premises, kinds of evidential material and responsible executing officer, and last no more than 28 days (s5(1)–(2)(a)–(e)). For warrants applied for by telephone or other electronic means, timing thresholds in s5 are modified (s5(4); see s15).  \n\n- Entry, search and seizure powers: an in‑force warrant authorises entry, stopping/detaining conveyances, searching premises, taking fingerprints and forensic samples, operating equipment, seizing evidential material and seizable items, and (subject to limits) searching and detaining persons near the premises for the search (s6(1)–(3)).  \n\n- Electronic devices and data: police may operate electronic equipment on site to check for accessible evidential material, copy or convert accessible material to documentary form, or seize equipment if copying is impracticable or possession by the occupier would be an offence; equipment may be secured for up to 24 hours while expert assistance is sought, with a process for extension and an entitlement for the occupier to be heard on that extension (s11(1)–(9)).  \n\n- Interim and practical powers: executing officers may bring and use equipment for on‑site examination, remove items for off‑site forensic processing, take photographs with consent or where incidental to execution, and temporarily leave and resume execution within stated limits (ss9–10).  \n\n- Procedural safeguards and occupier rights: occupiers present are to be shown a copy of the warrant (s8), are entitled to observe searches unless they impede the search (s13), and may request copies of readily copied seized items unless possession would itself be an offence (s12). Receipts must be provided for seized items (s14).  \n\n- Use of force, assistance and offences: police may obtain necessary assistance and use reasonable force; non‑police assistants may use force against things only (s7). Refusing or obstructing entry or searches is an offence punishable by a fine or imprisonment (s21).  \n\n- Interaction with other laws and agencies: the Act is not intended to limit other State laws on search, arrest, conveyance stops or seizure and allows police to use similar powers despite other laws (s4). Seized things may be shared with other State or Commonwealth agencies if necessary for investigation or prosecution (s6(4)). The Act does not affect legal professional privilege or the operation of the Forensic Procedures Act 2000 (ss22–23).  \n\nOfficial purpose‑claims and how the text implements them\n\n- The text implements a framework that allows courts (via issuing officers) and police to act quickly (s5, s15) and to handle modern forms of evidence, including electronic material (s11). The Act explicitly preserves other laws and specialist forensic procedures (s4, s23).  \n\nTesting those claims against costs, incentives and trade‑offs (text‑based observations)\n\n- Who pays and who bears disruption: occupiers and businesses bear the immediate disruption and possible temporary loss of access to seized or secured equipment (s11(5)–(6); s20 explains return when seizure reasons cease). There is a process for receiving copies of seized, readily copied materials (s12), but exceptions allow withholding where possession would be an offence (s12(2)).  \n\n- Incentives and discretion: issuing officers have discretion to issue warrants on sworn information (s5(1)) and executing officers have discretion to seize items found during a search even if they relate to other offences when necessary to prevent concealment, loss or destruction (s5(2)(g), s6(1)(e)). Executing officers can authorise non‑police assistants and decide to secure equipment and seek experts (s3, s6(3), s11(4)). Those points concentrate operational decision‑making with police and issuing officers (ss5, 6, 11).  \n\n- Compliance burden and procedural safeguards: occupiers must allow searches or risk criminal penalties for obstruction (s21), but they have rights to observe searches (s13), be shown a copy of the warrant when present (s8), and to be given notice and an opportunity to be heard in certain equipment‑securing extension applications (s11(7)–(8)). The Act requires receipts (s14) and provides rules for telephone warrants that create documentary follow‑up obligations and an evidential presumption where the original issuing form is not produced (s15(6)–(9)).  \n\n- Opportunity costs and business continuity: the power to seize or secure equipment and to remove items for off‑site processing (ss10–11) creates a direct operational risk to businesses reliant on electronic systems; the Act limits initial securing to 24 hours unless an issuing officer extends the period after a process involving notice and entitlement to be heard (s11(5)–(9)).  \n\n- Implementation risks: telephone or electronic warrant procedures speed up authorisation in urgent cases but depend on later documentary confirmation; failure to produce the issuing officer’s signed form may lead courts to assume the exercise of power was not duly authorised (s15(9)). Inter‑agency sharing of seized items (s6(4)) raises coordination needs that the text does not prescribe in detail.\n\nNet mechanical effect (concise): the Act gives police and issuing officers a structured legal route to obtain and execute search warrants for physical and electronic evidence, including fast‑track procedures for urgent cases, while setting out specified occupier rights, time limits, and offences for obstruction. (See especially ss3, 5–6, 8–15, 20–21.)"}},"importantCases":[],"_links":{"self":"/api/acts/search-warrants-act-1997","history":"/api/acts/search-warrants-act-1997/history","analysis":"/api/acts/search-warrants-act-1997/analysis","conflicts":"/api/acts/search-warrants-act-1997/conflicts","importantCases":"/api/acts/search-warrants-act-1997/important-cases","documents":"/api/acts/search-warrants-act-1997/documents"}}