64Further application for warrant after refusal

64 Further application for warrant after refusal

64 Further application for warrant after refusal

(cf Search Warrants Act 1985, s 12C)

(1) If an application by a person for a warrant is refused by an eligible issuing officer, that person (or any other person who is aware of the application) may not make a further application for the same warrant to that or any other eligible issuing officer unless the further application provides additional information that justifies the making of the further application.

(2) However, in the case of a warrant other than a covert search warrant, a further application may be made to a Judge of the Local Court following a refusal to issue the warrant by an eligible issuing officer who is not a Judge of the Local Court whether or not additional information is provided in the further application. Only one such further application may be made in any particular case.

s 64: Am 2009 No 8, Sch 1 [17] [18]; 2025 No 61, Sch 2.58[4].