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Australian Criminal Intelligence Commission Bill 2026
166Exercise of authority conferred by search warrant1
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166 Exercise of authority conferred by search warrant1
Exercise of authority conferred by search warrant2
(1) Subject to subsection (4), the authority conferred by a search3
warrant may only be exercised by:4
(a) the Director-General; or5
(b) a person, or a class of persons, in relation to whom an6
approval under subsection (2) is in force in relation to the7
warrant.8
(2) The Director-General may, in writing, approve a person, or a class9
of persons, to exercise the authority conferred by a search warrant.10
(3) To avoid doubt, if approval is given to a person or a class of11
persons holding, occupying or performing the duties of an office or12
position, then the approval extends to such office or position that13
comes into existence after the approval is given.14
Exercise of authority to conduct ordinary search or frisk search15
(4) An ordinary search or frisk search authorised by a search warrant16
may only be conducted by a person if:17
(a) the person is a constable; and18
(b) an approval under subsection (2) is in force for the person at19
the time the ordinary search or frisk search is conducted.20
Record to be made of person exercising authority21
(5) The Director-General must, as soon as practicable after the22
exercise of the authority conferred by a search warrant, cause a23
written record to be made that identifies each person who exercised24
that authority.25