46ASearchable offences

#### 46A Searchable offences 46A Searchable offences (cf former LEPRA, s 47(1)) > > (1) For the purposes of this Part, searchable offence in relation to a warrant— > > > > > (a) means any of the following— > > > > > > > (i) an indictable offence, > > > > > > > (ii) a firearms or prohibited weapons offence, > > > > > > > (iii) a narcotics offence, > > > > > > > (iv) a child abuse material offence, > > > > > > > (v) an offence involving a thing being stolen or otherwise unlawfully obtained, > > > > > > > (vi) a computer offence, and > > > > > (b) if the warrant is a covert search warrant—means a serious offence, and > > > > > (c) if the warrant is a criminal organisation search warrant—means an organised crime offence. > > > (2) In subsection (1)— > > > > child abuse material offence means an offence under section 91H or 578C of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > > computer offence means an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 6. > > > > firearms or prohibited weapons offence means an offence under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) or a regulation made under either of those Acts, being an offence committed in respect of a firearm, an imitation firearm or a prohibited weapon within the meaning of those Acts. > > > > narcotics offence means— > > > > > (a) an offence under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031), or a regulation made under that Act, being an offence committed in respect of— > > > > > > > (i) a restricted substance prescribed for the purposes of section 16 of that Act, or > > > > > > > (ii) a drug of addiction within the meaning of that Act, or > > > > > (b) an offence under the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) or a regulation made under that Act. > > > > organised crime offence means any serious indictable offence arising from, or occurring as a result of, organised criminal activity. > > > > serious offence means the following— > > > > > (a) any indictable offence punishable by imprisonment for a period of 7 or more years and that involves the following— > > > > > > > (i) the supply, manufacture or cultivation of drugs or prohibited plants, > > > > > > > (ii) the possession, manufacture or sale of firearms within the meaning of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), > > > > > > > (iii) money laundering, > > > > > > > > Note. > > > > > > > > For example, section 193B of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > > > > > (iv) car and boat rebirthing activities, > > > > > > > > Note. > > > > > > > > For example, section 154G of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > > > > > (v) the unauthorised access to, or modification or impairment of, computer data or electronic communications, > > > > > > > (vi) an activity involving theft carried out on an organised basis, > > > > > > > (vii) violence causing grievous bodily harm or wounding, > > > > > > > (viii) the possession, manufacture or supply of false instruments, > > > > > > > (ix) corruption, > > > > > > > (x) destruction of property, > > > > > > > (xi) homicide, > > > > > > > (xii) kidnapping, > > > > > (b) any offence under Division 10 (Sexual offences against adults, children and animals) of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) punishable by imprisonment for a period of 7 or more years, > > > > > (c) an offence under section 80D (Causing sexual servitude) or 80E (Conduct of business involving sexual servitude) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (d) an offence under section 93FA (Possession, supply or making of explosives) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (e) an offence under Division 15 (Child prostitution) or 15A (Child pornography) of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (f) an offence under section 308F (Possession of data with intent to commit serious computer offence) or 308G (Producing, supplying or obtaining data with intent to commit serious computer offence) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (g) an offence of attempting to commit, or of conspiracy or incitement to commit, or of aiding or abetting, an offence referred to in paragraphs (a)–(f). > > > (3) For the purposes of this section, an activity involving theft is carried out on an organised basis if— > > > > > (a) it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant, and > > > > > (b) it is carried out for profit or gain. > > **s 46A:** Ins 2009 No 8, Sch 1 \[5\]. Am 2009 No 23, Sch 2 \[6\] \[7\]; 2010 No 9, Sch 3.3 \[1\] \[2\]; 2010 No 40, Sch 3.15 \[2\]; 2018 No 33, Sch 5.11; 2021 No 46, Sch 1.3\[1\]–\[3\]; 2025 No 67, Sch 2.6.