34EOffence‑related warrants

##### 34E Offence‑related warrants (1) An authorised officer may apply to a magistrate for a warrant under this section in relation to particular premises. (2) Subject to subsection (3), a magistrate may issue the warrant if satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is on the premises a particular thing, including information, that may afford evidence of the commission of an offence against this Act. (3) A magistrate must not issue the warrant unless the authorised officer or someone else has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought. (4) The warrant must: (a) authorise any authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable: (i) to enter the premises; and (ii) to search the premises for the thing; and (iii) to seize the thing; and (iv) if the thing is or includes information in a written or electronic form—to do the things set out in subsections (5), (6) and (7) in respect of the thing; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the offence in respect of which the warrant is issued. (5) If the thing referred to in subsection (2) is or includes information in a written or electronic form, an authorised officer acting under the warrant may operate equipment at premises referred to in the warrant to see whether: (a) the equipment; or (b) a disk, tape or other storage device that: (i) is at the premises; and (ii) can be used with or is associated with the equipment; contains the information. (6) If an authorised officer acting under the warrant, after operating equipment at the premises, finds that the equipment contains the information or that a disk, tape or other storage device at the premises contains the information, he or she may: (a) seize the equipment or the disk, tape or other storage device; or (b) if the information can, by using facilities at the premises, be put in documentary form—operate the facilities to put the information in that form and seize the documents so produced; or (c) if the information can be transferred to a disk, tape or other storage device that: (i) is brought to the premises; or (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises; operate the equipment or other facilities to copy the information to the storage device and remove the storage device from the premises. (7) An authorised officer acting under the warrant may seize equipment under paragraph (6)(a) only if: (a) it is not practicable to put the relevant information in documentary form as mentioned in paragraph (6)(b) or to copy the information as mentioned in paragraph (6)(c); or (b) possession of the equipment by the occupier of the premises could constitute an offence. (8) If, in the course of searching for a particular thing in relation to a particular offence, an authorised officer acting under the warrant finds another thing that the officer believes, on reasonable grounds, to be: (a) a thing that will afford evidence as to the commission of an offence (although not the thing specified in the warrant); or (b) a thing that will afford evidence as to the commission of another offence against this Act; and the officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is to be taken to authorise the officer to seize that thing.