85When search warrants can be issued

#### 85 When search warrants can be issued (1) A magistrate may, upon application by an officer, issue a warrant to search premises if the magistrate 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) If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person must state the suspicion, and the grounds for the suspicion, in the information. (3) If a magistrate issues a warrant, the magistrate is to set out in the warrant: (a) the offence to which the warrant relates; and (b) a description of the premises to which the warrant relates; and (c) the kinds of evidential material that are to be searched for under the warrant; and (d) the name of the officer who, unless he or she inserts the name of another officer in the warrant, is to be responsible for executing the warrant; and (e) the period for which the warrant remains in force, which must not be more than 7 days; and (f) whether the warrant may be executed at any time or only during particular hours. (4) The magistrate is also to state that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (3)(c)) found at the premises in the course of the search that the executing officer or a person helping believes on reasonable grounds to be: (a) evidential material in relation to an offence to which the warrant relates; or (b) a thing relevant to another offence against this Act or the regulations that is an indictable offence; if the executing officer or a person helping believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act or the regulations. (5) Paragraph (3)(e) does not prevent the issue of successive warrants in relation to the same premises. (6) If the application for the warrant is made under section 86, this section applies as if: (a) subsection (1) referred to 48 hours rather than 72 hours; and (b) paragraph (3)(e) referred to 48 hours rather than 7 days. (7) A magistrate in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises in the Jervis Bay Territory. (8) A magistrate in a State or internal Territory may: (a) issue a warrant in relation to premises in that State or Territory; or (b) issue a warrant in relation to premises in an external Territory; or (c) issue a warrant in relation to premises in another State or internal Territory (including the Jervis Bay Territory) if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate.