NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
73AExtension of warrant
Start here
Get a plain-English read of 73A
Turn the raw legal text into a practical explanation grounded in Law Enforcement (Powers and Responsibilities) Act 2002.
#### 73A Extension of warrant
73A Extension of warrant
> > (1) A warrant (other than a covert search warrant, a criminal organisation search warrant or a telephone warrant) that expires 72 hours after its issue may be extended by the eligible issuing officer who issued the warrant—
> >
> > > (a) in the case of a warrant issued under Division 2 of Part 11—if the eligible issuing officer is satisfied that the purpose for which the warrant was issued cannot be satisfied within 72 hours, and
> >
> > > (b) in any other case—if the eligible issuing officer is satisfied that the warrant cannot be executed within 72 hours.
>
> > (2) A telephone crime scene warrant may be extended, for up to 60 hours at a time, by the eligible issuing officer who issued the warrant.
>
> > (3) Any other telephone warrant may not be extended.
>
> > (4) The time for expiry of a warrant that can be extended (other than a telephone crime scene warrant) may be extended only once.
>
> > (5) The time for expiry of a telephone crime scene warrant may be extended twice.
>
> > (6) Any extension of a warrant under this section—
> >
> > > (a) must not extend the period for which the warrant has effect beyond 144 hours after its issue, except as provided by subsection (7), and
> >
> > > (b) must be made on the application of the person to whom the warrant was issued or any other person who is authorised to execute the warrant, and
> >
> > > (c) must be made on a written application made in person, unless it is impractical for the applicant to appear before an eligible issuing officer before the warrant expires, and
> >
> > > (d) must be made before the expiry of the warrant, and
> >
> > > (e) must be made by issuing a replacement warrant (specifying the new time for expiry of the warrant) and replacement occupier’s notice.
>
> > (7) A crime scene warrant may be extended so that it has effect for a period of up to 720 hours after its issue if—
> >
> > > (a) the offence in connection with which the warrant was issued is a terrorism offence, and
> >
> > > (b) the eligible issuing officer who issued the warrant is satisfied that there are reasonable grounds for extending the warrant beyond a period of 144 hours after its issue.
> >
> > Note.
> >
> > 720 hours is equivalent to 30 days.
>
> > (8) In this section—
> >
> > terrorism offence means an offence under Part 6B of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or an offence under Division 101, 102 or 103 of the [Criminal Code](http://www.legislation.gov.au/) of the Commonwealth.
>
> **s 73A:** Ins 2005 No 103, Sch 5 \[4\]. Am 2007 No 59, Sch 1 \[4\] \[5\]; 2009 No 8, Sch 1 \[36\] \[37\]; 2009 No 23, Sch 2 \[16\].