QLDIn ForceAct
Crime and Corruption Act 2001
sec.93Copy of search warrant to be given to occupier
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### sec.93 Copy of search warrant to be given to occupier
If a commission officer executes a search warrant for a place that is occupied, the officer must—
if the occupier of the place is present—give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant; or
if the occupier is not present—leave the copy in a conspicuous place.
However, if the search warrant is a confidential document and the occupier is not present, the officer—
is not required to comply with subsection (1) (b) ; and
must give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant as soon as practicable after executing the warrant.
If the officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1) , but only for so long as—
the officer continues to have the reasonable suspicion; and
that officer or another officer involved in the investigation remains in the vicinity of the place to keep the place under observation.
(sec.93-ssec.1) If a commission officer executes a search warrant for a place that is occupied, the officer must— if the occupier of the place is present—give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant; or if the occupier is not present—leave the copy in a conspicuous place.
(sec.93-ssec.2) However, if the search warrant is a confidential document and the occupier is not present, the officer— is not required to comply with subsection (1) (b) ; and must give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant as soon as practicable after executing the warrant.
(sec.93-ssec.3) If the officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1) , but only for so long as— the officer continues to have the reasonable suspicion; and that officer or another officer involved in the investigation remains in the vicinity of the place to keep the place under observation.
- (a) if the occupier of the place is present—give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant; or
- (b) if the occupier is not present—leave the copy in a conspicuous place.
- (a) is not required to comply with subsection (1) (b) ; and
- (b) must give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant as soon as practicable after executing the warrant.
- (a) the officer continues to have the reasonable suspicion; and
- (b) that officer or another officer involved in the investigation remains in the vicinity of the place to keep the place under observation.