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Crimes Act 1900
256Authority given by search warrant
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256 Authority given by search warrant
(1) A search warrant authorises any police officer, with the assistants that
he or she thinks necessary, to enter and search the premises in respect
of which the warrant was issued and anything in those premises.
(2) Subject to any direction by a magistrate authorising execution of a
search warrant at night, or during specified hours of the night, it shall
not be executed at night.
(3) A police officer, or a person assisting him or her, may use the force
that is reasonably necessary for the execution of a search warrant.
(4) A police officer executing a search warrant may seize and remove any
object that he or she believes on reasonable grounds to be relevant to
the investigation of the offence in relation to which the warrant was
issued.
(5) An object seized and removed under subsection (4) shall be dealt with
in accordance with arrangements in force under section 258.
(6) A police officer who executes a search warrant—
(a) shall prepare a notice containing—
(i) his or her own name and rank; and
(ii) the name of the magistrate who issued the warrant and the
date and time of its issue; and
(iii) a description of any objects seized and removed under the
(b) shall, as soon as practicable after execution of the warrant, give
the notice to the occupier of the premises in respect of which the
warrant was issued or leave it for him or her in a prominent
position on those premises.
(7) A search warrant, if not executed at the end of 1 month from the date
of its issue, shall then expire.