178Australian Criminal Intelligence Commission Bill 2026 No. , 2026

178 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Return or seizure of things moved1 (5) Unless a thing moved to another place for the purpose of2 examination or processing under subsection (1) is seized under the3 warrant, a person executing the warrant must, before the warrant4 expires, cause the thing to be returned to the subject person.5 (6) If the thing is seized, a person executing the warrant must, as soon6 as practicable, cause notice of that fact to be given to the subject7 person.8 164 Content and duration of person search warrants etc.9 Matters to be specified in person search warrant10 (1) A person search warrant must specify the following:11 (a) the name or description of the person in respect of whom the12 warrant is issued;13 (b) the things referred to in subsections 162(1) and (3) that are14 authorised by the warrant;15 (c) the kinds of documents or things to be searched for under the16 warrant;17 (d) the effect of subsection 165(4) (which deals with the use of18 force against persons and things);19 (e) when the warrant comes into force (see subsection 167(2));20 (f) when the warrant ceases to be in force, which must be before21 the end of the period of 14 days beginning on the day after22 the day the warrant comes into force;23 (g) any conditions or restrictions that apply to the warrant24 (including any conditions or restrictions that apply under25 section 165);26 (h) the day and time when the warrant is issued.27 Extension of warrant and issue of further warrants not prevented28 (2) Paragraph (1)(f) does not prevent:29 (a) the warrant being varied under section 168 to extend, or30 further extend, the period for which the warrant is in force; or31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 179 (b) the issue of a further search warrant in respect of a particular1 person.2 Note: If the period for which the warrant is in force is extended, or further3 extended, in accordance with subsection 168(5), the warrant as4 extended must cease to be in force before the end of the period of 285 days beginning on the day after the day the warrant comes into force:6 see subsection 168(6).7 Notice of warrant to be given8 (3) If a person search warrant is being executed in relation to a person,9 a person executing the warrant must make available to that person10 a copy of the warrant.11

180 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 4—General provisions relating to search warrants1 165 General restrictions, conditions and use of force2 Certain acts not authorised3 (1) A search warrant may not authorise the addition, deletion or4 alteration of data, or the doing of any thing, that is likely to:5 (a) materially interfere with, interrupt or obstruct the lawful use6 by other persons of a computer found as a result of executing7 the warrant unless the addition, deletion or alteration, or the8 doing of the thing, is necessary to do one or more of the9 things referred to in:10 (i) if the warrant is a premises search warrant—paragraph11 158(1)(i), (j) or (k); or12 (ii) if the warrant is a person search warrant—paragraph13 162(3)(a), (b), (c), (d) or (e) or subsection 163(1) or (4);14 or15 (b) cause any other material loss or damage to other persons16 lawfully using the computer.17 (2) A search warrant may not authorise a strip search or a search of a18 person’s body cavities.19 Conduct of ordinary or frisk search under search warrant20 (3) An ordinary search or frisk search that is authorised by a search21 warrant must, if practicable, be conducted by a person of the same22 sex as the person being searched.23 Search warrant authorises use of reasonable force24 (4) A search warrant authorises the use of any force against persons25 and things that is necessary and reasonable to do the things26 specified in the warrant.27