110Content of warrants

#### 110 Content of warrants General contents of warrant (1) If an issuing officer issues a search warrant under section 109, the issuing officer is to state in the warrant: (a) either: (i) if the warrant is an investigation warrant—the corruption issue or public inquiry to which the warrant relates; or (ii) if the warrant is an offence warrant—the offence to which the warrant relates; and (b) a description of the premises to which the warrant relates or the name or a description of a person to whom it 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 who, unless he or she inserts the name of another authorised officer in the warrant, is to be responsible for executing the warrant; and (e) the time at which the warrant expires; and (f) whether the warrant may be executed at any time or only during particular hours. (2) The time stated in the warrant as the time at which the warrant expires must be a time that is not later than the end of the seventh day after the day on which the warrant is issued. > Note: Example: If a warrant is issued at 3 pm on a Monday, the expiry time specified in the warrant must not be later than midnight on Monday in the following week. Additional matters for warrant in relation to premises (3) If the search warrant relates to premises, the issuing officer is also to state: (a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found at the premises in the course of the search that the authorised officer or an assisting officer believes on reasonable grounds to be: (i) if the warrant is an investigation warrant—evidential material in relation to the corruption issue or public inquiry to which the warrant relates; or (ii) if the warrant is an offence warrant—a thing relevant to the offence to which the warrant relates; or (iii) in any case—evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); or (iv) in any case—a thing relevant to an indictable offence; if the authorised officer or the assisting 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; and (b) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the authorised officer or an assisting officer suspects on reasonable grounds that the person has in his or her possession: (i) in the case of an investigation warrant—any evidential material in relation to the corruption issue or public inquiry to which the warrant relates; or (ii) in the case of an offence warrant—a thing relevant to the offence to which the warrant relates; or (iii) in any case—evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); or (iv) in any case—a thing relevant to an indictable offence; or (v) in any case—any eligible seizable items. Additional matters for warrant in relation to person (4) If the search warrant relates to a person, the issuing officer is also to state: (a) the kind of search (ordinary or frisk) of the person that the warrant authorises; and (b) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found, in the course of the search, in the possession of the person or in, or on, an aircraft, vehicle or vessel that the person had operated or occupied at any time within 24 hours before the search began, being a thing that the authorised officer or an assisting officer believes on reasonable grounds to be: (i) in the case of an investigation warrant—evidential material in relation to the corruption issue or public inquiry to which the warrant relates; or (ii) in the case of an offence warrant—a thing relevant to the offence to which the warrant relates; or (iii) in any case—evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); or (iv) in any case—a thing relevant to an indictable offence; or (v) in any case—any eligible seizable item; if the authorised officer or the assisting 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. Successive warrants (5) Paragraph (1)(e) does not prevent the issue of successive warrants in relation to the same premises or person.