NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
73Expiry of warrant
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#### 73 Expiry of warrant
73 Expiry of warrant
> > (1) A warrant ceases to have effect, unless it is sooner withdrawn or extended, as follows—
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> > > (a) in the case of any warrant (other than a telephone warrant or crime scene warrant)—when it has been executed, or at the time specified in it for its expiry, whichever first occurs,
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> > > (b) in the case of a telephone warrant (other than a telephone crime scene warrant)—when it has been executed, or at the expiry of 24 hours after the time of its issue, whichever first occurs,
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> > > (c) in the case of a crime scene warrant (other than a telephone crime scene warrant)—at the time specified in it for its expiry,
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> > > (d) in the case of a telephone crime scene warrant—at the expiry of 24 hours after the time of its issue.
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> > (2) An eligible issuing officer who issues a warrant (other than a telephone warrant) must specify in the warrant the time when the warrant is to expire.
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> > (2A) The time so specified for a covert search warrant is the date that is 10 days after the date on which the warrant is issued.
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> > (2B) The time so specified for a criminal organisation search warrant is the date that is 7 days after the date on which the warrant is issued.
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> > (3) The time so specified for a warrant other than a covert search warrant or a criminal organisation search warrant is to be 72 hours after the issue of the warrant or, if the issue of the warrant for a period exceeding 72 hours is permitted by this section, at any time within a further period not exceeding 72 hours.
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> > (4) The issue of a warrant for a period exceeding 72 hours is permitted by this section if—
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> > > (a) in the case of a warrant issued under Division 2 of Part 11—the eligible issuing officer is satisfied that the purpose for which the warrant was issued cannot be satisfied within 72 hours, or
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> > > (b) in any other case—the eligible issuing officer is satisfied that the warrant cannot be executed within 72 hours.
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> > (5) If no time of expiry is specified in a warrant (other than a telephone warrant, a covert search warrant or a criminal organisation search warrant), the warrant expires 72 hours after issue.
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> > (6) If no time of expiry is specified in a covert search warrant, the warrant expires 10 days after issue.
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> > (7) If no time of expiry is specified in a criminal organisation search warrant, the warrant expires 7 days after issue.
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> **s 73:** Am 2003 No 85, Sch 6 \[1\]–\[4\]. Subst 2005 No 103, Sch 5 \[4\]. Am 2009 No 8, Sch 1 \[32\]–\[35\]; 2009 No 23, Sch 2 \[12\]–\[15\].