96Search warrant

96 Search warrant

S. 96(1) amended by No. 13/2025 s. 82(Sch. 2 item 18).

(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.

S. 96(2) amended by No. 6/2018 s. 68(Sch. 2 item 61).

(2) A magistrate may issue a search warrant under this section if the magistrate is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.

S. 96(3) amended by No. 13/2025 s. 82(Sch. 2 item 18).

(3) The search warrant may authorise an authorised officer named in the warrant and any assistants the authorised officer considers necessary—

(a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and

S. 96(3)(b) amended by No. 59/2011 s. 38.

(b) to search for and seize the thing named or described in the warrant.

(4) In addition to any other requirement, a search warrant issued under this section must state—

(a) the offence suspected; and

(b) the land or premises to be searched; and

(c) a description of the thing for which the search is to be made; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be made at any time or during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

(6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.