47Power to apply for search warrants

#### 47 Power to apply for search warrants 47 Power to apply for search warrants (cf [Search Warrants Act 1985](/view/html/repealed/current/act-1985-037) s 5, [Crimes Act 1900](/view/html/inforce/current/act-1900-040), ss 357EA, 578D, former LEPRA, s 47) > > (1) A police officer may apply to an eligible issuing officer for a search warrant (other than a criminal organisation search warrant) in respect of any premises if the police officer believes on reasonable grounds that there is, or within 72 hours will be, in or on the premises a thing connected with a searchable offence in relation to the warrant. > > > (2) Without limiting subsection (1), a police officer may apply to an eligible issuing officer for a search warrant if the police officer believes on reasonable grounds that a child prostitution offence has recently been committed, is being committed, or within 72 hours will be committed, on or with respect to premises. > > > (3) An eligible applicant may apply to an eligible issuing officer for a covert search warrant to authorise the covert entry and search of premises if the eligible applicant— > > > > > (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 a searchable offence in relation to the warrant, 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. > > > (3A) An eligible applicant may apply to an eligible issuing officer for a criminal organisation search warrant in respect of premises if the eligible applicant has reasonable grounds to suspect that there is, or within 7 days there will be, in or on the premises a thing connected with a searchable offence in relation to the warrant. > > > (4) To avoid doubt, an application may be made under this section with respect to an act or omission that would be a searchable offence for the warrant if done, or omitted to be done, in New South Wales even though the act or omission occurred outside New South Wales and was not an offence against the law of New South Wales. > > > (5) In this section— > > > > child prostitution offence means an offence under section 91D, 91E, 91F or 91G of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > **s 47:** Am 2004 No 95, Sch 2.5. Subst 2009 No 8, Sch 1 \[7\]. Am 2009 No 23, Sch 2 \[9\] \[10\]; 2009 No 77, Sch 2.12 \[2\].