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Crimes Act 1900
194When search warrants can be issued
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194 When search warrants can be issued
(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.
(2) An issuing officer may issue a warrant authorising an ordinary search
or a frisk search of a person, including a person under 14 years old, if
the officer is satisfied by information on oath that there are reasonable
grounds for suspecting that the person possesses, or will within the
next 72 hours possess, any evidential material.
(3) An issuing officer who receives an application to issue a warrant
under which a person under 14 years old may be searched, or may be
present at premises that may be searched—
(a) must take into account the best interests of the person under
14 years old when deciding whether to issue the warrant; and
(b) if the officer decides to issue the warrant—may direct the person
applying for the warrant to give notice before the warrant is
executed to—
(i) if the person under 14 years old is known to be an
Aboriginal or Torres Strait Islander child or young
person—the Aboriginal and Torres Strait Islander children
and young people commissioner; or
(ii) in any other case—the public advocate.
(4) If the person applying for the warrant suspects that, in executing the
warrant, it will be necessary to use firearms, the person shall state that
suspicion, and the grounds for that suspicion, in the information.
(5) If the person applying for the warrant knows or suspects that, in
executing the warrant, a person under 14 years old may be searched
or may be present at premises that may be searched, the person must
state that knowledge or suspicion, and the grounds for the knowledge
or suspicion, in the information.
(6) If the person applying for the warrant is a police officer and has, at
any time previously, applied for a warrant relating to the same person
or premises, the person shall state in the information particulars of
those applications and their outcome.
(7) A warrant shall include statements of the following matters:
(a) the offence to which the warrant relates;
(b) a description of the warrant premises, or the name or description
of the person to whom it relates;
(c) the kinds of evidential material that are to be searched for under
the warrant;
(d) the name of the police officer who is to be responsible for
executing the warrant (unless he or she inserts in the warrant the
name of another police officer);
(e) the period, not exceeding 7 days, that the warrant remains in
force;
(f) subject to subsection (11), the times when the search is
authorised.
(8) For a warrant in relation to premises, the warrant shall state—
(a) that the warrant authorises the seizure of a thing (other than
evidential material of the kind referred to in subsection (7) (c))
found at the premises in the course of the search that the
(ii) a thing relevant to another offence that is a serious offence;
or
reasonable grounds that seizure of the thing is necessary to
prevent its concealment, loss or destruction or its use in
(b) whether the warrant authorises an ordinary search or a frisk
search of a person who is at or near the premises when the
warrant is executed if the executing officer or an assisting officer
suspects on reasonable grounds that the person has any
evidential material or seizable items in his or her possession.
(9) For a warrant to search a person, the warrant shall state—
(a) that the warrant authorises the seizure of a thing (other than
evidential material of the kind referred to in subsection (7) (c))
found, in the course of the search, on or in the possession of the
person or in a recently used conveyance, being a thing that the
(ii) a thing relevant to another offence that is a serious offence;
or
reasonable grounds that seizure of the thing is necessary to
prevent its concealment, loss or destruction or its use in
(b) the kind of search of a person that the warrant authorises.
(10) Subsection (7) (e) does not prevent the issue of successive warrants
in relation to the same premises or person.
(11) A warrant shall not be expressed to authorise a search at any time
during the period commencing at 9 pm on a day and ending at 6 am
on the following day unless the issuing officer is satisfied that—
(a) it would not be practicable to conduct the search at another time;
or
destruction of evidence relating to the offence.
(12) If the application for the warrant is made under section 205, this
section applies as if—
(a) subsections (1) and (2) referred to 48 hours rather than 72 hours;
and
(b) subsection (7) (e) referred to 48 hours rather than 7 days.