QLDIn ForceAct
Crime and Corruption Act 2001
sec.98Making of post-search approval order
Start here
Get a plain-English read of sec.98
Turn the raw legal text into a practical explanation grounded in Crime and Corruption Act 2001.
### sec.98 Making of post-search approval order
The magistrate may make a post-search approval order only if satisfied the search was conducted in the context of a crime investigation and either of the following apply—
in the circumstances existing before the search, there were grounds for the authorised commission officer to reasonably suspect—
a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and
unless the place was immediately entered and searched—
the evidence may have been concealed or destroyed; or
the forensic value of the evidence may have been diminished;
having regard to the nature of the evidence found during the search, it is in the public interest to make the order.
The magistrate may also make an order under section 118 or 119 , whether or not a post-search approval order is made.
(sec.98-ssec.1) The magistrate may make a post-search approval order only if satisfied the search was conducted in the context of a crime investigation and either of the following apply— in the circumstances existing before the search, there were grounds for the authorised commission officer to reasonably suspect— a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and unless the place was immediately entered and searched— the evidence may have been concealed or destroyed; or the forensic value of the evidence may have been diminished; having regard to the nature of the evidence found during the search, it is in the public interest to make the order.
(sec.98-ssec.2) The magistrate may also make an order under section 118 or 119 , whether or not a post-search approval order is made.
- (a) in the circumstances existing before the search, there were grounds for the authorised commission officer to reasonably suspect— (i) a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and (ii) unless the place was immediately entered and searched— (A) the evidence may have been concealed or destroyed; or (B) the forensic value of the evidence may have been diminished;
- (i) a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and
- (ii) unless the place was immediately entered and searched— (A) the evidence may have been concealed or destroyed; or (B) the forensic value of the evidence may have been diminished;
- (A) the evidence may have been concealed or destroyed; or
- (B) the forensic value of the evidence may have been diminished;
- (b) having regard to the nature of the evidence found during the search, it is in the public interest to make the order.
- (i) a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and
- (ii) unless the place was immediately entered and searched— (A) the evidence may have been concealed or destroyed; or (B) the forensic value of the evidence may have been diminished;
- (A) the evidence may have been concealed or destroyed; or
- (B) the forensic value of the evidence may have been diminished;
- (A) the evidence may have been concealed or destroyed; or
- (B) the forensic value of the evidence may have been diminished;