28Search warrants

28 Search warrants

28 Search warrants

(1) An authorised officer may apply to an issuing officer for the issue of a search warrant if the authorised officer believes on reasonable grounds that—

(a) a provision of this Act, the regulations or the Drug Misuse and Trafficking Act 1985 is being or has been contravened at any premises, or

(b) there is in or on any premises any matter or a thing that is connected with an offence under this Act, the regulations or the Drug Misuse and Trafficking Act 1985.

(2) An issuing officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer named in the warrant—

(a) to enter the premises, and

(b) to exercise any function of an authorised officer under this Division.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(4) In this section—

issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.

matter or a thing connected with an offence means—

(a) matter or a thing with respect to which the offence has been committed, or

(b) matter or a thing that will afford evidence of the commission of an offence, or

(c) matter or a thing that was used, or is intended to be used, for the purpose of committing the offence.

offence includes an offence that there are reasonable grounds for believing has been, or is to be, committed.

s 28: Am 2022 No 59, Sch 1.20[8]–[10].