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Crimes Act 1900
195The things that are authorised by search warrant
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195 The things that are authorised by search warrant
(1) A warrant in force for the search of premises authorises the executing
officer or an assisting officer—
(a) to enter the warrant premises and, if the premises are a
conveyance, to enter the conveyance, wherever it is; and
(b) to search for and record fingerprints found at the premises and
to take samples of things found at the premises for forensic
purposes; and
(c) to search the premises for the kinds of evidential material
specified in the warrant, and to seize things of that kind found at
the premises; and
(d) to seize other things found at the premises in the course of the
search that the executing officer or an assisting officer believes
on reasonable grounds to be—
(ii) evidential material in relation to any serious offence; or
reasonable grounds that seizure of the things is necessary to
prevent their concealment, loss or destruction or their use in
(e) to seize other things found at the premises in the course of the
search that the executing officer or an assisting officer believes
on reasonable grounds to be seizable items; and
(f) if the warrant so allows—to conduct an ordinary search or a frisk
search of a person at or near the premises 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.
(2) A warrant in force for the search of a person authorises the executing
officer or an assisting officer—
(a) to search the person as specified in the warrant, things found in
the possession of the person and any recently used conveyance
for things of the kind specified in the warrant; and
(b) to—
(i) seize things of that kind; or
(ii) record fingerprints from things; or
(iii) to take forensic samples from things;
found in the course of the search; and
(c) to seize other things found in the course of the search on, or in
the possession of, the person or in the conveyance that the
(ii) a thing relevant to any serious offence; or
reasonable grounds that seizure of the things is necessary to
prevent their concealment, loss or destruction or their use in
(d) to seize other things found in the course of the search that the
grounds to be seizable items.
(3) If the warrant states that it may be executed only during particular
hours, the warrant shall not be executed outside those hours.
(4) If the warrant authorises an ordinary search or a frisk search of a
person, a search of the person different to that so authorised shall not
be done under the warrant.
(5) If things are seized under a warrant, the warrant authorises the
executing officer to make the things available to officers of other
agencies if it is necessary to do so for the purpose of investigating or
prosecuting an offence to which the things relate.