84Search warrant

84 Search warrant

(1) An authorised officer may apply to a Judge of the Supreme Court for a search warrant in relation to either or both of the following—

(a) particular premises, if the authorised officer believes on reasonable grounds that entry to the premises (including any vehicle, vessel or aircraft on or in those premises) is necessary for the purposes of an investigation;

(b) a particular vehicle, vessel or aircraft located in a public place, if the authorised officer believes on reasonable grounds that entry to the vehicle, vessel or aircraft is necessary for the purposes of an investigation.

S. 84(2) amended by No. 6/2018 s. 68(Sch. 2 item 73.2).

(2) If a Judge of the Supreme Court is satisfied by evidence on oath or by affirmation or by affidavit, that there are reasonable grounds for the belief under subsection (1)(a) or (b), the Judge may issue a search warrant authorising a police officer (with the assistance of other police officers if necessary)—

(a) to enter and search the premises or vehicle, vessel or aircraft and inspect any document or thing at those premises or on or in that vehicle, vessel or aircraft; and

(b) to make a copy of any document relevant, or that the person reasonably considers may be relevant, to the investigation; and

(c) to take possession of any document or other thing relevant, or that the person reasonably considers may be relevant, to the investigation.

(3) A search warrant issued under this section must be in the prescribed form (if any) and state—

(a) the purpose for which the search is required; and

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

(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d) a day, not later than 28 days after the issue of the search warrant, on which the search warrant ceases to have effect.

(4) Subject to subsection (5) and except as otherwise provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

(5) Despite section 78 of the Magistrates' Court Act 1989, a search warrant issued under this Act must not authorise the arrest of a person.

(6) A member of an investigating panel may authorise a person for the purposes of this section.

(7) In this section—

authorised officer means—

(a) a member of an investigating panel; or

(b) a person authorised by a member of theinvestigating panel under subsection(6).