5Determination of application for warrant, notice to produce or order—record by eligible issuing officer

5 Determination of application for warrant, notice to produce or order—record by eligible issuing officer

5 Determination of application for warrant, notice to produce or order—record by eligible issuing officer

(1) A record is to be made by or on behalf of an eligible issuing officer, in relation to each application for a warrant dealt with by the officer, in the following form—

(a) in the case of an application for a Part 5 search warrant (other than a covert search warrant or a criminal organisation search warrant)—Part 2 of Form 1,

(b) in the case of an application for a covert search warrant—Part 2 of Form 2,

(c) in the case of an application for a criminal organisation search warrant—Part 2 of Form 3,

(d) in the case of an application for a search warrant other than a Part 5 search warrant—Part 2 of Form 4,

(e) in the case of an application for a warrant issued under section 83 (Entry by warrant where entry denied) of the Act—Part 2 of Form 5,

(f) in the case of an application for a crime scene warrant issued under Part 7 of the Act—Part 2 of Form 6,

(g) in the case of an application for a warrant issued under Division 2 (Use of drug detection dogs) of Part 11 of the Act—Part 2 of Form 7,

(h) in the case of an application for a notice to produce documents issued under Division 3 of Part 5 of the Act—Part 2 of Form 8,

(i) in the case of an application for a warrant issued under section 103 (Warrant for arrest of person unlawfully at large) of the Act—Part 2 of Form 9,

(j) in the case of an application for a detention warrant issued under Part 9 of the Act—Part 2 of Form 10.

(2) For the Act, section 238(3)(a), an eligible issuing officer must keep a record of each application for a digital evidence access order in the form set out in Schedule 1, Form 33, Part 2.

(3) For the Act, section 238(3)(c), a Magistrate must keep a record of each application for a DECCD access order in the form set out in Schedule 1, Form 34, Part 2.

cl 5: Am 2023 (29), Sch 1[3] [4].