109When search warrants may be issued

#### 109 When search warrants may be issued Issue of a warrant to search premises (investigation warrant) (1) If: (a) an authorised officer makes an application to an issuing officer under subsection 108(1); and (b) the issuing officer is satisfied, on the information given under subsection 108(5), that: (i) there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, evidential material on the premises in relation to which the application is made; and (ii) there are 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; the issuing officer may issue an investigation warrant authorising the authorised officer to search the premises. Issue of a warrant to search premises (offence warrant) (2) If: (a) an authorised officer makes an application to an issuing officer under subsection 108(2); and (b) the issuing officer is satisfied, on the information given under subsection 108(5), that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, evidential material on the premises in relation to which the application is made; the issuing officer may issue an offence warrant authorising the authorised officer to search the premises. Issue of a warrant to search a person (investigation warrant) (3) If: (a) an authorised officer makes an application to an issuing officer under subsection 108(3); and (b) the issuing officer is satisfied, on the information given under subsection 108(5), that: (i) there are reasonable grounds for suspecting that the person in relation to whom the application is made has in his or her possession, or will within the next 72 hours have in his or her possession, evidential material; and (ii) there are 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; the issuing officer may issue an investigation warrant authorising the authorised officer to carry out an ordinary search or a frisk search of the person. Issue of a warrant to search a person (offence warrant) (4) If: (a) an authorised officer makes an application to an issuing officer under subsection 108(4); and (b) the issuing officer is satisfied, on the information given under subsection 108(5), that there are reasonable grounds for suspecting that the person in relation to whom the application is made has in his or her possession, or will within the next 72 hours have in his or her possession, evidential material; the issuing officer may issue an offence warrant authorising the authorised officer to carry out an ordinary search or a frisk search of the person. Issue of a warrant by State/Territory issuing officers (5) An issuing officer in a State or internal Territory may: (a) issue a search warrant in relation to premises or a person in that State or Territory; or (b) issue a search warrant in relation to premises or a person in an external Territory; or (c) issue a search warrant in relation to premises or a person in another State or internal Territory (including the Jervis Bay Territory) if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or (d) issue a search warrant in relation to a person wherever the person is in Australia or in an external Territory if he or she is satisfied that it is not possible to predict where the person may be. (6) An issuing officer in New South Wales or the Australian Capital Territory may issue a search warrant in relation to premises or a person in the Jervis Bay Territory. (7) Subsections (5) and (6) do not apply if the issuing officer is: (a) a Judge of the Federal Court of Australia; or (b) a Judge of the Federal Circuit and Family Court of Australia (Division 2). Issue of a warrant by issuing officers (8) The function of issuing a search warrant is conferred on an issuing officer in a personal capacity and not as a court or a member of a court. The issuing officer need not accept the function conferred. (9) An issuing officer performing a function of, or connected with, issuing a search warrant has the same protection and immunity as if he or she were performing that function as, or as a member of, the court of which the issuing officer is a member.