NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
46CAuthority to apply for covert search warrant
Start here
Get a plain-English read of 46C
Turn the raw legal text into a practical explanation grounded in Law Enforcement (Powers and Responsibilities) Act 2002.
#### 46C Authority to apply for covert search warrant
46C Authority to apply for covert search warrant
> > (1) The following persons are authorised to apply for a covert search warrant—
> >
> > > (a) a police officer authorised to make the application by a police officer holding the rank of Superintendent or above,
> >
> > > (b) the Chief Commissioner or other Commissioner of the Law Enforcement Conduct Commission or a member of staff of that Commission authorised to make the application by the Chief Commissioner or the Commissioner for Integrity,
> >
> > > (c) the Commissioner or an Assistant Commissioner for the New South Wales Crime Commission or a member of staff of the New South Wales Crime Commission authorised to make the application by the Commissioner or an Assistant Commissioner.
>
> > (2) An authorisation to apply for a covert search warrant in respect of a searchable offence may be given in accordance with this section if the person giving the authorisation—
> >
> > > (a) suspects on reasonable grounds that there is, or within 10 days will be, in or on the premises a thing of a kind connected with the searchable offence, and
> >
> > > (b) considers that it is necessary for the entry and search of those premises to be conducted without the knowledge of any occupier of the premises.
>
> **s 46C:** Ins 2009 No 8, Sch 1 \[5\]. Am 2016 No 61, Sch 6.32 \[2\]; 2021 No 14, Sch 2.3.