65KEntry and search warrants

### 65K Entry and search warrants > [*\[Section 65K of Part 4 Inserted by No. 59 of 2013, s. 33, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS33@EN) > > > (1)  A magistrate may issue a warrant authorising an authorised officer to enter land, and any premises on land, that is land specified in the warrant. > > > (2)  A magistrate may issue a warrant under [subsection (1)](#GS65K@Gs1@EN) in relation to land, and any premises on land, if the magistrate is satisfied, on the application of an authorised officer, that there are reasonable grounds to believe – > > > > > > (a) that a contravention of, or failure to comply with, this Act has been, is being, or is about to be, committed on the land or the premises; or > > > > > > > (b) that an object may be found, in or on the land or the premises, that constitutes evidence of a contravention of, or failure to comply with, this Act. > > > (3)  The grounds for an application for a warrant must be verified by affidavit. > > > (4)  A warrant issued under [subsection (1)](#GS65K@Gs1@EN) must specify – > > > > > > (a) the offence to which the warrant relates; and > > > > > > > (b) a description of the land 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 authorised officer or officers who is or are to be responsible for executing the warrant; and > > > > > > > (e) the period for which the warrant remains in force, which is not to be more than 28 days from the date on which the warrant is issued; and > > > > > > > (f) whether the warrant may be executed at any time or during particular hours; and > > > > > > > (g) that the warrant authorises the seizure of a thing that is referred to in [paragraph (c)](#GS65K@Gs4@Hpc@EN) or any other thing, that is found on the land, or premises on the land, in the course of the search and that the person executing the warrant believes on reasonable grounds to be – > > > > > > > > > > (i) evidential material in relation to an offence to which the warrant relates; or > > > > > > > > > > > (ii) evidential material in relation to another offence – > > > > > > > > if the officer 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. > > > (5)  An application for the issue of a warrant may be made either personally or by telephone. > > > (6)  If an application for a warrant is made by telephone – > > > > > > (a) the applicant must inform the magistrate of the applicant's name and that the applicant is an authorised officer; and > > > > > > > (b) the applicant must inform the magistrate of the grounds on which the applicant seeks the warrant; and > > > > > > > (c) if it appears to the magistrate from the information given by the applicant that there are proper grounds for the issue of a warrant, the magistrate – > > > > > > > > > > (i) must inform the applicant of the facts on which the magistrate relies for the issue of a warrant; and > > > > > > > > > > > (ii) must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and > > > > > > > (d) if the applicant gives the undertaking referred to in [paragraph (c)](#GS65K@Gs6@Hpc@EN) , the magistrate may then make out and sign a warrant, noting on the warrant the facts on which the magistrate relies as grounds for issue of the warrant; and > > > > > > > (e) the warrant will be taken to have been issued, and will come into force, when signed by the magistrate; and > > > > > > > (f) the magistrate must inform the applicant of the terms of the warrant; and > > > > > > > (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in [paragraph (c)](#GS65K@Gs6@Hpc@EN) . > > > (7)  In executing a warrant – > > > > > > (a) an authorised officer specified in the warrant may obtain the assistance that is necessary and reasonable in the circumstances; and > > > > > > > (b) an authorised officer specified in the warrant may, if the officer is a police officer, use the force against persons and things that is necessary and reasonable in the circumstances. > > > (8)  An authorised officer must, as soon as practicable after executing a warrant – > > > > > > (a) prepare a notice in the prescribed form containing – > > > > > > > > > > (i) the officer's name and a statement that he or she is an authorised officer; and > > > > > > > > > > > (ii) the name of the magistrate who issued the warrant and the date and time of its issue; and > > > > > > > > > > > (iii) a description of the place to which the warrant relates and of the authority conferred by the warrant; and > > > > > > > (b) give the notice to the occupier or person apparently in charge of the land to which the warrant relates or leave it, on a prominent place on the land, for the occupier or person. > > > (9)  A warrant expires if it has not been executed by the end of 28 days after the day on which it was issued.