108Authorised officer may apply for a search warrant

#### 108 Authorised officer may apply for a search warrant Application for warrant to search premises (investigation warrant) (1) An authorised officer may apply to an issuing officer for an investigation warrant to search premises if the authorised officer: (a) has reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material on the premises; and (b) has reasonable grounds for believing that, if a person was served with a summons to produce the evidential material, the material might be concealed, lost, mutilated or destroyed. > Note: In special circumstances and urgent cases, an application may be made by telephone, fax, email or other electronic means: see section 111. Application for warrant to search premises (offence warrant) (2) An authorised officer may apply to an issuing officer for an offence warrant to search premises if the authorised officer has reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material on the premises. > Note: In special circumstances and urgent cases, an application may be made by telephone, fax, email or other electronic means: see section 111. Application for a warrant to search person (investigation warrant) (3) An authorised officer may apply to an issuing officer for an investigation warrant to carry out an ordinary search or a frisk search of a person if the authorised officer: (a) has reasonable grounds for suspecting that the person has in his or her possession, or will within the next 72 hours have in his or her possession, any evidential material; and (b) has reasonable grounds for believing that, if the person was served with a summons to produce the evidential material, the material might be concealed, lost, mutilated or destroyed. > Note: In special circumstances and urgent cases, an application may be made by telephone, fax, email or other electronic means: see section 111. Application for a warrant to search person (offence warrant) (4) An authorised officer may apply to an issuing officer for an offence warrant to carry out an ordinary search or a frisk search of a person if the authorised officer has reasonable grounds for suspecting that the person has in his or her possession, or will within the next 72 hours have in his or her possession, any evidential material. > Note: In special circumstances and urgent cases, an application may be made by telephone, fax, email or other electronic means: see section 111. Information in support of application (5) An authorised officer must give the issuing officer information on oath or by affirmation to support the grounds for an application under subsection (1), (2), (3) or (4). (6) If an authorised officer applying for a search warrant suspects that, in executing the warrant, it will be necessary to use firearms, the authorised officer must state that suspicion, and the grounds for it, in the information given under subsection (5). (7) If the authorised officer applying for a search warrant (or another authorised officer who will be an assisting officer in relation to the search warrant) has, at any time previously, applied for a search warrant under this Act or another Act in relation to the same person or premises, the authorised officer must state particulars of those applications, and their outcome, in the information given under subsection (5).