Schedule 1Forms

# Schedule 1 Forms Schedule 1 Forms (Clause 3(2)) Form 1 Application for Part 5 search warrant (other than covert or criminal organisation search warrant)/record of application (Clauses 4(1)(a) and 5(a)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Note. This Form is to be used for search warrants (other than covert or criminal organisation search warrants) in relation to indictable, firearms, prohibited weapons, narcotics, child pornography or child prostitution offences or stolen goods. Form 2 should be used for covert search warrants and Form 4 should be used for search warrants (other than Part 5 search warrants). Part 1 Application On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a search warrant to enter and search the premises known as \[*Address*\] in the State of New South Wales, being a \[*Description of premises (eg dwelling house)*\]. I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have reasonable grounds for believing that— > > > (a)\* there is, or within 72 hours will be, in or on the premises, the following things: \[*List items to be searched for. If exact location of items is known, include that information.*\] > > > (b)\* the things are connected with the following searchable offence(s) within the meaning of section 46A(1)(a) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103): \[*Insert description of offence(s).*\] > > > (c)\* a child prostitution offence, within the meaning of section 47 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), has recently been committed, is being committed, or within 72 hours will be committed, on or with respect to the premises. > 2 I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the search warrant is based. If space is insufficient, continue overleaf or attach a separate sheet.*\] \[*3 and 4 are to be completed if a previous application for the warrant has been made and refused. Attach a copy of the previous application to this Form.*\] > 3\* The following are details of the refusal of a previous application— > 4\* \[*Need not be completed if the previous application was made to an eligible issuing officer who was not a Magistrate and this application is made to a Magistrate.*\] > The additional information that I consider justifies the making of this further application is— > 5\* I seek that a certificate pursuant to clause 14 of the [Law Enforcement (Powers and Responsibilities) Regulation 2016](/view/html/inforce/current/sl-2016-0544) be issued, on the following grounds: \[*Specify grounds*\] Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the eligible issuing officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the eligible issuing officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Eligible issuing officer’s record of application for a search warrant On \[*Date*\] at \[*Time*\], I, the undersigned eligible issuing officer, received this application for a search warrant. > 1\* \[*To be completed if the application was not made in person.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone)*\] and I was/was not\* satisfied that the warrant was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the eligible issuing officer required the applicant to provide further information concerning the grounds on which the warrant was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the warrant. > 4 The relevant particulars of the grounds on which I relied to justify the issue of/refusal to issue \[*Delete whichever is inapplicable*\] the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5 \[*To be completed if the warrant may be executed by night.*\] > The grounds on which I relied to justify the execution of the warrant by night are as follows— > > > (a)\* execution of the warrant by day is unlikely to be successful, > > > (b)\* there is likely to be less risk to the safety of any person if it is executed by night, > > > (c)\* an occupier is likely to be on the premises only at night to allow entry without the use of force, > > > (d)\* \[*Other grounds*\]. > 6 The search warrant was issued at \[*Time*\] on \[*Date*\]. Eligible issuing officer \[*Print name and insert signature.*\] \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the warrant and a copy of the occupier’s notice, to the Local Court registry named in the occupier’s notice. Form 2 Application for covert search warrant/record of application (Clauses 4(1)(b) and 5(b)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Note. This Form is to be used for covert search warrants in relation to serious offences within the meaning of section 46A of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). Form 1 should be used for Part 5 search warrants (other than covert or criminal organisation search warrants) and Form 4 should be used for other search warrants. Part 1 Application On \[*Date*\], I, \[*Name and rank or position*\] of \[*Place of work*\], apply for a covert search warrant to enter and search the premises known as \[*Address*\] (the subject premises) in the State of New South Wales, being a \[*Description of subject premises (eg dwelling house)*\]. I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have been authorised to make this application by \[*Name and rank or position*\] of \[*Place of work*\]. A copy of the authorisation is attached. > 2 I have reasonable grounds for suspecting that— > > > (a) there is, or within 10 days will be, in or on the subject premises, the following things: \[*List items to be searched for. If exact location of items is known, include that information.*\] > > > (b) the things are of a kind connected with the following searchable offence(s) within the meaning of section 46A(1)(b) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103): \[*Insert description of offence(s).*\] > 3 I consider that it is necessary for the entry and search of the subject premises to be conducted without the knowledge of any occupier of the subject premises. > 4 The name of the occupier of the subject premises is \[*Insert name or “not known”.*\] > 5 I believe each of the following persons has committed, or is intending to commit, a searchable offence as follows: \[*Insert names and the relevant searchable offence for each name or “names not known”.*\] > 6 I believe/do not believe\* the occupier of the subject premises is knowingly concerned with the commission of the searchable offence(s) of \[*Insert description of offence(s).*\] > 7 I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the covert search warrant is based. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 8\* The following powers are proposed to be exercised on entry to the subject premises for the purpose of concealing anything done in the execution of the warrant in accordance with section 47A(2)(d) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103): \[*Insert description of powers.*\] > 9\* I seek authorisation to place a thing in substitution for a seized thing. > 10\* I seek that the covert search warrant authorise the following— > > > (a)\* the return of a thing seized from the subject premises, > > > (b)\* the retrieval of a thing from the subject premises placed in substitution for a thing seized from the premises, > > > (c)\* the re-entry to the subject premises to return or retrieve the thing within a period longer than 7 days after the first entry under this warrant. > 11\* I seek authority for service of the occupier’s notice on the occupier of the subject premises to be postponed for \[*Insert period of up to 6 months*\], on the following grounds: \[*Specify grounds.*\] > 12\* For the purposes of entering the subject premises, I consider that it is necessary to enter premises adjoining or providing access to the subject premises (the adjoining premises) without the knowledge of the occupier of the adjoining premises, on the following grounds: \[*Specify grounds.*\] > 13\* The address or other description of the adjoining premises \[*Specify address or other description of adjoining premises.*\] > 14\* I seek that the service of the adjoining occupier’s notice on the occupier of the adjoining premises be dispensed with, on the following grounds: \[*Specify grounds.*\] \[*15 is to be completed if a previous covert search warrant in respect of the subject premises has been issued.*\] > 15\* The following are details of a previous covert search warrant issued in respect of the subject premises— \[*16 and 17 are to be completed if a previous application for the warrant has been made and refused. Attach a copy of the previous application to this Form.*\] > 16\* The following are details of the refusal of a previous application— > 17\* The additional information that I consider justifies the making of this further application is— > 18\* I seek that a certificate pursuant to clause 14 of the [Law Enforcement (Powers and Responsibilities) Regulation 2016](/view/html/inforce/current/sl-2016-0544) be issued, on the following grounds: \[*Specify grounds.*\] Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the eligible issuing officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the eligible issuing officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Eligible issuing officer’s record of application for a covert search warrant On \[*Date*\] at \[*Time*\], I, the undersigned eligible issuing officer, received this application for a covert search warrant. > 1\* \[*To be completed if the application was not made in person.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone)*\] and I was/was not\* satisfied that the warrant was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the eligible issuing officer required the applicant to provide further information concerning the grounds on which the warrant was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the warrant. > 4 The relevant particulars of the grounds on which I relied to justify the issue of/refusal to issue\* the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5 The covert search warrant was issued at \[*Time*\] on \[*Date*\]. Eligible issuing officer \[*Print name and insert signature.*\] \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the covert search warrant and a copy of the occupier’s notice, to the Supreme Court registry named in the occupier’s notice. Form 3 Application for criminal organisation search warrant/record of application (Clauses 4(1)(c) and 5(c)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Note. This Form is to be used for search warrants in relation to organised crime offences. Form 1 should be used for other Part 5 search warrants, Form 2 should be used for covert search warrants and Form 4 should be used for search warrants (other than Part 5 search warrants). Part 1 Application On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a search warrant to enter and search the premises known as \[*Address*\] in the State of New South Wales, being a \[*Description of premises (eg dwelling house)*\]. I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have been authorised to make this application by \[*Name and rank or position*\] of \[*Place of work*\]. A copy of the authorisation is attached. > 2 I have reasonable grounds for suspecting that— > > > (a) there is, or within 7 days will be, in or on the premises, the following things: \[*List items to be searched for. If exact location of items is known, include that information.*\] > > > (b) the things are connected with the following searchable offence(s) within the meaning of section 46A(1)(c) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103): \[*Insert description of offence(s).*\] > 3 The name of the occupier of the premises is \[*Insert name or “not known”.*\] > 4 I believe each of the following persons has committed, or is intending to commit, a searchable offence as follows: \[*Insert names and the relevant searchable offence for each name or “names not known”.*\] > 5 I believe/do not believe\* the occupier of the premises is knowingly concerned with the commission of the searchable offence(s) of \[*Insert description of offence(s).*\] > 6 I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the search warrant is based. If space is insufficient, continue overleaf or attach a separate sheet.*\] \[*7 and 8 are to be completed if a previous application for the warrant has been made and refused. Attach a copy of the previous application to this Form.*\] > 7\* The following are details of the refusal of a previous application— > 8\* The additional information that I consider justifies the making of this further application is— > 9\* I seek that a certificate pursuant to clause 14 of the [Law Enforcement (Powers and Responsibilities) Regulation 2016](/view/html/inforce/current/sl-2016-0544) be issued, on the following grounds: \[*Specify grounds*\] Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the eligible issuing officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the eligible issuing officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Eligible issuing officer’s record of application for a search warrant On \[*Date*\] at \[*Time*\], I, the undersigned eligible issuing officer, received this application for a search warrant. > 1\* \[*To be completed if the application was not made in person.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone)*\] and I was/was not\* satisfied that the warrant was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the eligible issuing officer required the applicant to provide further information concerning the grounds on which the warrant was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the warrant. > 4 The relevant particulars of the grounds on which I relied to justify the issue of/refusal to issue \[*Delete whichever is inapplicable*\] the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5 \[*To be completed if the warrant may be executed by night.*\] > The grounds on which I relied to justify the execution of the warrant by night are as follows— > > > (a)\* execution of the warrant by day is unlikely to be successful, > > > (b)\* there is likely to be less risk to the safety of any person if it is executed by night, > > > (c)\* an occupier is likely to be on the premises only at night to allow entry without the use of force, > > > (d)\* \[*Other grounds*\]. > 6 The search warrant was issued at \[*Time*\] on \[*Date*\]. Eligible issuing officer \[*Print name and insert signature.*\] \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the warrant and a copy of the occupier’s notice, to the Supreme Court registry named in the occupier’s notice. Form 4 Application for search warrant (other than Part 5 search warrant)/record of application (Clauses 4(1)(d) and 5(d)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Note. Form 1, rather than this Form, is to be used for search warrants in relation to indictable, firearms, prohibited weapons, narcotics, child pornography or child prostitution offences or stolen goods. Part 1 Application On \[*Date*\], I, \[*Name*\], apply for a search warrant to enter the premises known as \[*Address*\] in the State of New South Wales, being a \[*Description of premises (eg dwelling house)*\]. I swear/solemnly, sincerely and truly declare and affirm\* that— > 1\* I am a police officer of the rank of \[*Rank*\] stationed at \[*Place of work*\]. > 2 I am authorised to apply for a search warrant under \[*Insert section and name of the Act under which search warrant is sought.*\] > 3 I have reasonable grounds for believing the following matters that justify this application for the issue of a search warrant: \[*Include all those matters that justify the issue of a search warrant to enter the named premises. If an offence or breach of an Act or regulation is alleged, specify the particular offence. If the experience of the applicant or source of the information is relevant, then include this in the grounds. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 4 I seek to be able to perform the following specific functions on entry: \[*Include the powers that the applicant seeks to exercise on entry. If any items are to be seized, they should be specified. If the exact location of these items is known, include that information. General powers that are given under the Act authorising the issue of the search warrant should be included if relevant.*\] \[*5 and 6 are to be completed if a previous application for the warrant has been made and refused. Attach a copy of the previous application to this Form.*\] > 5 The following are details of the refusal of a previous application— > 6 \[*Need not be completed if the previous application was made to an authorised officer who was not a Magistrate and this application is made to a Magistrate.*\] > The additional information that I consider justifies the making of this further application is— Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the authorised officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the authorised officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Authorised officer’s record of application for a search warrant On \[*Date*\] at \[*Time*\], I, the undersigned authorised officer, received this application for a search warrant. > 1 \[*To be completed if the application was not made in person.*\] > The application was made by \[*Specify how application was made (eg facsimile, telephone).*\] and I was/was not\* satisfied that the warrant was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the authorised officer required the applicant to provide further information concerning the grounds on which the warrant was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the warrant. \[*If the warrant is issued—continue.*\] > 4 The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5 \[*To be completed if the warrant may be executed by night.*\] > The grounds on which I relied to justify the execution of the warrant by night are as follows— > > > (a)\* execution of the warrant by day is unlikely to be successful, > > > (b)\* there is likely to be less risk to the safety of any person if it is executed by night, > > > (c)\* an occupier is likely to be on the premises only at night to allow entry without the use of force, > > > (d)\* \[*Other grounds*\]. > 6 The search warrant was issued at \[*Time*\] on \[*Date*\]. Authorised officer \[*Print name and insert signature.*\] Date \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the warrant and a copy of the occupier’s notice, to the Local Court registry named in the occupier’s notice. If no occupier’s notice was issued, return this Form and a copy of the warrant to the Local Court registry at which the warrant was issued or nearest to the place at which it was issued. Form 5 Application/record of application for warrant relating to suspected domestic violence offence—entry by warrant where entry denied (Clauses 4(1)(e) and 5(e)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Part 1 Application On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a warrant to enter the dwelling at \[*Address*\] in the State of New South Wales and to investigate whether a domestic violence offence has taken place/to take action to prevent the commission/further commission\* of a domestic violence offence. I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have been denied entry to the dwelling or have been expressly refused authority to remain in the dwelling by an occupier of the dwelling. > 2 I suspect that— > > > (a) a domestic violence offence is being committed/may have been recently committed/is imminent/is likely to be committed in the dwelling\*, and > > > (b) it is necessary for a police officer to enter the dwelling immediately in order to— > > > > > (i) \*investigate whether a domestic violence offence has been committed, or > > > > > (ii) \*take action to prevent the commission/further commission\* of a domestic violence offence. > 3 I rely on the following grounds in support of this application: \[*Include all those matters that justify the issue of a warrant, such as the particular domestic violence offence concerned (if known), observations of police attending the premises, any information from the suspected offender or suspected victim, any information from third parties (eg neighbours) and details of the denial of entry to the dwelling (including anything said or done). If space is insufficient, continue overleaf or attach a separate sheet.*\] \[*4 and 5 are to be completed if a previous application for the warrant has been made and refused. Attach a copy of the previous application to this Form.*\] > 4 The following are details of the refusal of a previous application— > 5 \[*Need not be completed if the previous application was made to an authorised officer who was not a Magistrate and this application is made to a Magistrate.*\] > The additional information that I consider justifies the making of this further application is— Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the authorised officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the authorised officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Authorised officer’s record of application for a warrant On \[*Date*\] at \[*Time*\], I, the undersigned authorised officer, received this application for a warrant issued under section 83 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > 1 \[*To be completed if the application was not made in person.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone).*\] and I was/was not\* satisfied that the warrant was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the authorised officer required the applicant to provide further information concerning the grounds on which the warrant was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for the applicant’s suspicion. \[*If the warrant is issued—continue.*\] > 4 The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5 \[*To be completed if the warrant may be executed by night.*\] > The grounds on which I relied to justify the execution of the warrant by night are as follows— > > > (a)\* execution of the warrant by day is unlikely to be successful, > > > (b)\* there is likely to be less risk to the safety of any person if it is executed by night, > > > (c)\* an occupier is likely to be on the premises only at night to allow entry without the use of force, > > > (d)\* \[*Other grounds*\]. > 6 The warrant was issued at \[*Time*\] on \[*Date*\]. Authorised officer \[*Print name and insert signature.*\] Date \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the warrant, to the Local Court registry at which the warrant was issued or nearest to the place at which it was issued. Form 6 Application for crime scene warrant/record of application (Clauses 4(1)(f) and 5(f)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Part 1 Application On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a crime scene warrant to enter the premises known as \[*Address*\] in the State of New South Wales, being a \[*Description of premises (eg dwelling house)*\], and to exercise all reasonably necessary crime scene powers at, or in relation to, \[*Specify crime scene*\]. I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have reasonable grounds for suspecting that it is necessary to exercise crime scene powers at the crime scene for the purpose of preserving, or searching for and gathering, evidence of the commission of— > > > (a)\* the offence of \[*Specify offence.*\], which is a serious indictable offence. > > > (b)\* the offence of \[*Specify offence.*\] that is being/was/may have been\* committed in connection with a traffic accident that has resulted in the death of/serious injury to\* a person. > 2 I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the crime scene warrant is based. If space is insufficient, continue overleaf or attach a separate sheet.*\] \[*3 and 4 are to be completed if a previous application for the warrant has been made and refused. Attach a copy of the previous application to this Form.*\] > 3 The following are details of the refusal of a previous application— > 4 \[*Need not be completed if the previous application was made to an authorised officer who was not a Magistrate and this application is made to a Magistrate.*\] > The additional information that I consider justifies the making of this further application is— Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the authorised officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the authorised officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Authorised officer’s record of application for a crime scene warrant On \[*Date*\] at \[*Time*\], I, the undersigned authorised officer, received this application for a crime scene warrant. > 1 \[*To be completed if the application was not made in person.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone).*\] and I was/was not\* satisfied that the warrant was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the authorised officer required the applicant to provide further information concerning the grounds on which the warrant was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the warrant. \[*If the warrant is issued—continue.*\] > 4 The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5 \[*To be completed if the warrant may be executed by night.*\] > The grounds on which I relied to justify the execution of the warrant by night are as follows— > > > (a)\* execution of the warrant by day is unlikely to be successful, > > > (b)\* there is likely to be less risk to the safety of any person if it is executed by night, > > > (c)\* an occupier is likely to be on the premises only at night to allow entry without the use of force, > > > (d)\* \[*Other grounds*\]. > 6 The crime scene warrant was issued at \[*Time*\] on \[*Date*\]. Authorised officer \[*Print name and insert signature.*\] Date \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the warrant and a copy of the occupier’s notice, to the Local Court registry named in the occupier’s notice. Form 7 Application for warrant to use dog to carry out general drug detection/record of application (Clauses 4(1)(g) and 5(g)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Part 1 Application On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a warrant to use a dog to carry out general drug detection in a public place in New South Wales, being \[*Address/description of public place*\] during the period/periods\* of \[*Describe period/periods.*\] I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have reasonable grounds for believing that the persons at the public place may include persons committing drug offences. > 2 I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the search warrant is based. If an offence or breach of an Act or regulation is alleged, specify the particular offence. If the experience of the applicant or source of the information is relevant, then include this in the grounds. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 3 Any general drug detection to be carried out under the warrant will/will not\* be part of a covert police operation. The reason the warrant is to be part of a covert police operation is— \[*4 and 5 are to be completed if a previous application for the warrant has been made and refused. Attach a copy of the previous application to this Form.*\] > 4 The following are details of the refusal of a previous application— > 5 \[*Need not be completed if the previous application was made to an authorised officer who was not a Magistrate and this application is made to a Magistrate.*\] > The additional information that I consider justifies the making of this further application is— Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the authorised officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the authorised officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Authorised officer’s record of application for a warrant On \[*Date*\] at \[*Time*\], I, the undersigned authorised officer, received this application for a warrant under Division 2 of Part 11 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > 1 \[*To be completed if the application was not made in person.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone).*\] and I was/was not\* satisfied that the warrant was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the authorised officer required the applicant to provide further information concerning the grounds on which the warrant was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the warrant. \[*If the warrant is issued—continue.*\] > 4 The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5 \[*To be completed if the warrant may be executed by night.*\] > The grounds on which I relied to justify the execution of the warrant by night are as follows— > > > (a) \*execution of the warrant by day is unlikely to be successful, > > > (b) \*there is likely to be less risk to the safety of any person if it is executed by night, > > > (c) \*\[*Other grounds*\]. > 6 The warrant was issued at \[*Time*\] on \[*Date*\]. Authorised officer \[*Print name and insert signature.*\] Note. Return this Form, together with a copy of the warrant, to the Local Court registry at which the warrant was issued or nearest to the place at which it was issued. Form 8 Application for notice to produce documents/record of application (Clauses 4(1A) and 5(h)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Part 1 Application On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a notice to require documents believed to be held by \[*Specify name of authorised deposit-taking institution.*\], an authorised deposit-taking institution, to be produced to me. I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have reasonable grounds for believing that \[*Specify name of authorised deposit-taking institution.*\] holds documents that may be connected with the offence of \[*Specify offence.*\] committed by someone other than that institution. > 2 The documents in relation to which this application is made are: \[*Describe documents and (if desired) form (eg hardcopy, mail, CD in RTF format, facsimile), together with details of where applicant wishes documents to be produced (eg premises where to be produced, email address, fax number (including person to whom fax to be addressed)). The applicant may wish to specify a combination of types of forms in which documents may be produced.*\] > 3 I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the notice to produce documents is based. If space is insufficient, continue overleaf or attach a separate sheet.*\] \[*4 and 5 are to be completed if a previous application for the notice has been made and refused. Attach a copy of the previous application to this Form.*\] > 4 The following are details of the refusal of a previous application— > 5 \[*Need not be completed if the previous application was made to an authorised officer who was not a Magistrate and this application is made to a Magistrate.*\] > The additional information that I consider justifies the making of this further application is— Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the authorised officer to whom the application is made for the issue of the notice. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the authorised officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Authorised officer’s record of application for a notice to produce documents On \[*Date*\] at \[*Time*\], I, the undersigned authorised officer, received this application for a notice to produce documents. > 1 \[*To be completed if the application was made by telephone.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone).*\] and I was/was not\* satisfied that the notice was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the authorised officer required the applicant to provide further information concerning the grounds on which the notice was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the notice. \[*If the notice is issued—continue.*\] > 4 The relevant particulars of the grounds on which I relied to justify the issue of the notice are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5 The notice was issued at \[*Time*\] on \[*Date*\]. Authorised officer \[*Print name and insert signature.*\] \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the notice to the Local Court registry at which the notice was issued or nearest to the place at which it was issued. Form 9 Application for warrant for arrest of person unlawfully at large/record of application (Clauses 4(2) and 5(i)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Part 1 Application On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a warrant for the arrest of \[*Specify name of person.*\] I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have reasonable grounds for believing that \[*Specify name of person.*\] is unlawfully at large. > 2 Other known identifying particulars of \[*Name of person who is unlawfully at large*\] are as follows: \[*Insert particulars, if known, such as date of birth, last known address, management index number (MIN) allocated by the Department of Corrective Services.*\] > 3 I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the warrant is based. If space is insufficient, continue overleaf or attach a separate sheet.*\] Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the authorised officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Part 2 Authorised officer’s record of application for warrant On \[*Date*\] at \[*Time*\], I, the undersigned authorised officer, received this application for a search warrant. > 1 On considering the application I found/did not find\* that there were reasonable grounds for issuing the warrant. \[*If the warrant is issued—continue.*\] > 2 The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 3 The warrant was issued at \[*Time*\] on \[*Date*\]. Authorised officer \[*Print name and insert signature.*\] \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the warrant, to the Local Court registry at which the warrant was issued or that is nearest to the place at which it was issued. Form 10 Application for detention warrant/record of application (Clauses 4(3) and 5(j)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Part 1 Application On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a warrant to extend the maximum investigation period beyond 6 hours in relation to \[*Name of detained person*\] of \[*Address*\] by \[*Specify hours and minutes.*\] (excluding times that are to be taken into account under section 117 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) from \[*Time*\] on \[*Date*\]. I swear/solemnly, sincerely and truly declare\* and affirm that— > 1 The detained person was arrested (within the meaning of Part 9 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) at \[*Time*\] on \[*Date*\]. > 2 The nature of the offence under investigation is as follows: \[*Specify nature of offence.*\] > 3 The general nature of the evidence on which the detained person was arrested is as follows: \[*Specify nature of evidence.*\] > 4 The following investigation has taken place to date: \[*Specify details.*\] > 5 Further investigation of the offence is proposed as follows: \[*Specify details.*\] > 6 The period (if any) during which the person was a protected suspect in relation to the investigation. > 7 Details of the times that under section 117 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) are not to be taken into account are as follows: \[*Specify the nature and duration of the times and the reasons why they are not to be taken into account.*\] > 8 The detained person has co-operated in the investigation to date as follows: \[*Specify details and extent to which the person has co-operated.*\] > 9 The detained person has/does not\* have a legal representative. > 10 The detained person has/has not\* been informed of the right of the detained person, or the detained person’s legal representative, to make representations to the authorised officer. > 11 The detained person, or the detained person’s legal representative, has/has not\* requested to make representations to the authorised officer. > 12 I believe that the continued detention of the detained person is reasonably necessary to complete the investigation for the following reasons: \[*Specify reasons.*\] > 13 I believe that there is no reasonable alternative means of completing the investigation otherwise than by the continued detention of the person for the following reasons: \[*Specify reasons.*\] > 14 I believe that the following circumstances make it impracticable for the investigation to be completed within the 6-hour period that would apply if this application is refused: \[*Specify circumstances.*\] > 15\* The detained person is a vulnerable person as the detained person is a child/Aboriginal person/Torres Strait Islander/is of non-English speaking background/has impaired intellectual functioning/has impaired physical functioning\*. > 16\* \[*Name*\] of \[*Address*\] is present at the place of detention as a support person for the detained person. The support person is \[*Specify relationship to detained person.*\] > 17\* The following precautions have been taken in respect of the detained person because of the detained person’s vulnerability: \[*Specify precautions.*\] \[*18 and 19 are to be completed if a previous application for the warrant has been made and refused. Attach a copy of the previous application to this Form.*\] > 18 The following are details of the refusal of a previous application: \[*Specify details.*\] > 19 The additional information that I consider justifies the making of this further application is: \[*Specify details.*\] Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the authorised officer to whom the application is made for the issue of the warrant. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] Warning It is an offence under section 63 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Note. In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the authorised officer for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. Part 2 Authorised officer’s record of application for a warrant On \[*Date*\] at \[*Time*\], I, the undersigned authorised officer, received this application for a detention warrant issued under Part 9 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > 1 \[*To be completed if the application was not made in person.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone).*\] and I was/was not\* satisfied that the warrant was required urgently and it was/was not\* practicable for the application to be made in person. > 2\* \[*To be completed if the authorised officer required the applicant to provide further information concerning the grounds on which the warrant was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3\* \[*To be completed if the detained person, or the detained person’s legal representative, made representations to the authorised officer.*\] > Particulars of representations made to me by the detained person, or the detained person’s legal representative are as follows: \[*If space is insufficient, continue overleaf or attach a separate sheet.*\] > 4 On considering the application I was/was not\* satisfied that each of the following criteria were met— > > > (a) the investigation is being conducted diligently and without delay, > > > (b) a further period of detention of the detained person is reasonably necessary to complete the investigation, > > > (c) there is no reasonable alternative means of completing the investigation otherwise than by the continued detention of the person, > > > (d) circumstances exist in the matter that make it impracticable for the investigation to be completed within the 6-hour period. \[*If the warrant is issued—continue.*\] > 5 The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 6 The maximum investigation period for the detained person is extended by \[*Specify hours and minutes.*\] (excluding times that are not to be taken into account under section 117 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) from \[*Time*\] on \[*Date*\]. > 7 The warrant was issued at \[*Time*\] on \[*Date*\]. Authorised officer \[*Print name and insert signature.*\] \[*\* Delete if inapplicable.*\] Note. Return this Form, together with a copy of the warrant, to the Local Court registry at which the warrant was issued or nearest to the place at which it was issued. Form 11 Part 5 search warrant (other than covert or criminal organisation search warrant) (Clause 6(1)(a)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) This search warrant expires at \[*Time*\] on \[*Date*\] and must not be used after that time. On \[*Date*\], an eligible issuing officer empowered to grant search warrants under Division 2 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this search warrant authorising \[*Name and rank*\] of \[*Place of work*\] (the applicant), a police officer, and all other police officers, as follows— > 1 To enter the premises known as \[*Address*\] being a \[*Description of premises (eg dwelling house)*\]. > 2\* To search those premises for any of the following things: \[*List and describe the things to be searched for with particularity. If space is insufficient, continue overleaf or attach a separate sheet.*\] > The applicant has reasonable grounds for believing that those things are connected with the following searchable offences: \[*Specify relevant offences.*\] > 3\* To search those premises in connection with the following child prostitution offence(s): \[*Specify the offences under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) in relation to which the search is to be made.*\] This search warrant may be executed— > (a)\* only by day (ie between 6 am and 9 pm) > (b)\* by day (ie between 6 am and 9 pm) or night (ie between 9 pm and 6 am). \[*\* Delete if inapplicable.*\] In executing this search warrant a police officer may exercise the powers provided by the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). These include the following powers— > (a) to enter the named premises, > (b) to search for the things (if any) mentioned in this warrant, > (c) to use any persons necessary to assist in the execution of the warrant, > (d) to use such force as is reasonably necessary to enter the premises, > (e) to break open any receptacle in or on the premises for the purposes of the search of the premises if it is reasonably necessary to do so, > (f) to search any persons found in or on the premises who are reasonably suspected of having a thing mentioned in this warrant, > (g) to arrest any persons found in or on the premises whom a police officer suspects on reasonable grounds of having committed an offence, > (h) to seize, detain, remove from the premises or guard anything mentioned in this warrant and any other thing found by a police officer in the course of executing this warrant that the police officer believes on reasonable grounds is connected with any offence, > (i) if the warrant is issued in relation to a child prostitution offence—to make, in the premises, inquiries relating to any such offence, > (j) to disable any alarm, camera or surveillance device at the premises, > (k) to pacify any guard dog at the premises, > (l) to render safe any dangerous article found in or on the premises, > (m) to operate electronic and other equipment brought to the premises or at the premises to examine a thing found at the premises, > (n) to move a thing found at the premises to another place for examination in order to determine whether it is or contains a thing that may be seized, > (o) to operate equipment at the premises to access data (including data held at premises other than the subject premises), > (p) to do anything that it is reasonably necessary to do for the purpose of preventing the loss or destruction of, or damage to, any thing connected with an offence that the police believe on reasonable grounds to be at those premises, including by blocking any drains at or used in connection with the premises. Signed \[*Insert signature.*\] Date \[*The eligible issuing officer should sign and date the warrant and initial any corrections. In the case of a telephone search warrant, in circumstances where the warrant is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of warrant in the terms dictated by the eligible issuing officer and write on it the date and time when the warrant was signed.*\] Form 12 Covert search warrant (Clause 6(1)(b)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Part 1 Information about this covert search warrant This covert search warrant expires at \[*Time*\] on \[*Date*\] and must not be used after that time. On \[*Date*\], an eligible issuing officer empowered to grant covert search warrants under Division 2 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this covert search warrant authorising \[*Name and rank or position*\] of \[*Place of work*\] (the applicant), any police officer, any member of staff of the Law Enforcement Conduct Commission and any member of staff of the New South Wales Crime Commission \[*Delete any that are not applicable*\], as follows— > 1 To enter the premises known as \[*Address*\] being a \[*Description of premises (eg dwelling house)*\]. > 2 To search those premises for any of the following things: \[*List and describe the things to be searched for with particularity. If space is insufficient, continue overleaf or attach a separate sheet.*\] > The applicant has reasonable grounds for suspecting that those things are of a kind connected with the offence(s) of: \[*Specify relevant offences.*\] This covert search warrant may be executed by day or by night. In executing this covert search warrant, the following powers may be exercised under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). These include the following powers— > (a) to enter the named premises with or without the knowledge of any occupier of the premises, > (b) to search for the things (if any) mentioned in this warrant with or without the knowledge of any occupier of the premises, > (c) to use any persons necessary to assist in the execution of the warrant, > (d) to use such force as is reasonably necessary to enter the premises, > (e) to break open any receptacle in or on the premises for the purposes of the search of the premises if it is reasonably necessary to do so, > (f) to search any persons found in or on the premises who are reasonably suspected of having a thing mentioned in this warrant, > (g) to arrest any persons found in or on the premises whom a police officer suspects on reasonable grounds of having committed an offence, > (h) to seize, detain, remove from the premises or guard anything mentioned in this warrant and any other thing found by an executing officer in the course of executing this warrant that the executing officer believes on reasonable grounds is connected with any offence, > (i) if the warrant is issued in relation to a child prostitution offence—to make, in the premises, inquiries relating to any such offence, > (j) to disable any alarm, camera or surveillance device at the premises, > (k) to pacify any guard dog at the premises, > (l) to do anything that it is reasonably necessary to do for the purpose of preventing the loss or destruction of, or damage to, any thing connected with an offence that an executing officer believes on reasonable grounds to be at those premises, including by blocking any drains at or used in connection with the premises, > (m) to impersonate another person for the purposes of executing the warrant, > (n) to do anything else that is reasonable for the purpose of concealing anything done in the execution of the warrant from the occupier of the premises, including the following: \[*Insert powers*\], > (o) to render safe any dangerous article found in or on the premises, > (p) to operate electronic and other equipment brought to the premises or at the premises to examine a thing found at the premises, > (q) to move a thing found at the premises to another place for examination in order to determine whether it is or contains a thing that may be seized, > (r) to operate equipment at the premises to access data (including data held at premises other than the subject premises). Part 2 Additional information > 1\* This covert search warrant authorises \[*Name and rank or position*\] of \[*Place of work*\] (the applicant), any police officer, any member of staff of the Law Enforcement Conduct Commission and any member of staff of the New South Wales Crime Commission \[*Delete any that are not applicable*\], to enter the following premises that adjoins or provides access to the subject premises specified in Part 1 without the knowledge of the occupier of the adjoining premises: \[*Specify address or other description of adjoining premises.*\] > 2\* The name of the occupier of the subject premises is \[*Name*\]. > 3\* The following persons are believed to have committed, or to be intending to commit, the searchable offence(s) specified in Part 1: \[*Insert names.*\] > 4 The occupier of the subject premises is/is not\* believed to be knowingly concerned with the commission of the searchable offence(s) specified in Part 1. > 5 This covert search is subject to the following conditions: \[*Specify conditions.*\] > 6 The following kinds of things may be placed in substitution for a thing seized from the subject premises: \[*Specify kinds of things.*\] > 7\* This covert search warrant authorises the following— > > > (a)\* the return of a thing seized from the subject premises, > > > (b)\* the retrieval of a thing from the subject premises placed in substitution for a thing seized from the premises, > > > (c)\* the re-entry to the subject premises to return or retrieve the thing, but only within \[*Insert period*\] of the first entry under this warrant. \[*\* Delete if inapplicable.*\] Signed \[*Insert signature.*\] Date \[*The eligible issuing officer should sign and date the warrant and initial any corrections. In the case of a telephone search warrant, in circumstances where the warrant is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of warrant in the terms dictated by the eligible issuing officer and write on it the date and time when the warrant was signed.*\] Form 13 Criminal organisation search warrant (Clause 6(1)(c)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) This search warrant expires at \[*Time*\] on \[*Date*\] and must not be used after that time. On \[*Date*\], an eligible issuing officer empowered to grant search warrants under Division 2 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this search warrant authorising \[*Name and rank*\] of \[*Place of work*\] (the applicant), a police officer, and all other police officers, as follows— > 1 To enter the premises known as \[*Address*\] being a \[*Description of premises (eg dwelling house)*\]. > 2 To search those premises for any of the following things: \[*List and describe the things to be searched for with particularity. If space is insufficient, continue overleaf or attach a separate sheet.*\] > The applicant has reasonable grounds for suspecting that those things are connected with the following searchable offences: \[*Specify relevant offences.*\] This search warrant may be executed— > (a)\* only by day (ie between 6 am and 9 pm) > (b)\* by day (ie between 6 am and 9 pm) or night (ie between 9 pm and 6 am). \[*\* Delete if inapplicable.*\] In executing this search warrant a police officer may exercise the powers provided by the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). These include the following powers— > (a) to enter the named premises, > (b) to search for the things (if any) mentioned in this warrant, > (c) to use any persons necessary to assist in the execution of the warrant, > (d) to use such force as is reasonably necessary to enter the premises, > (e) to break open any receptacle in or on the premises for the purposes of the search of the premises if it is reasonably necessary to do so, > (f) to search any persons found in or on the premises who are reasonably suspected of having a thing mentioned in this warrant, > (g) to arrest any persons found in or on the premises whom a police officer suspects on reasonable grounds of having committed an offence, > (h) to seize, detain, remove from the premises or guard anything mentioned in this warrant and any other thing found by a police officer in the course of executing this warrant that the police officer believes on reasonable grounds is connected with any offence, > (i) to disable any alarm, camera or surveillance device at the premises, > (j) to pacify any guard dog at the premises, > (k) to render safe any dangerous article found in or on the premises, > (l) to operate electronic and other equipment brought to the premises or at the premises to examine a thing found at the premises, > (m) to move a thing found at the premises to another place for examination in order to determine whether it is or contains a thing that may be seized, > (n) to operate equipment at the premises to access data (including data held at premises other than the subject premises), > (o) to do anything that it is reasonably necessary to do for the purpose of preventing the loss or destruction of, or damage to, any thing connected with an offence that the police believe on reasonable grounds to be at those premises, including by blocking any drains at or used in connection with the premises. Signed \[*Insert signature.*\] Date \[*The eligible issuing officer should sign and date the warrant and initial any corrections. In the case of a telephone search warrant, in circumstances where the warrant is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of warrant in the terms dictated by the eligible issuing officer and write on it the date and time when the warrant was signed.*\] Form 14 Search warrant—other than Part 5 search warrant (Clause 6(1)(d)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) This search warrant expires at \[*Time*\] on \[*Date*\] and must not be used after that time. On \[*Date*\], an authorised officer empowered to issue search warrants under \[*Insert section and name of the Act under which the warrant is issued.*\], granted this search warrant authorising \[*Name*, *designation*, *etc*\] of \[*Name of employer or place of work*\] (the applicant), and \[*Add any additional person (eg a police officer) who is required to accompany applicant.*\]— > 1 to enter the premises known as \[*Address*\], being a \[*Description of premises (eg dwelling house)*\] \[*Note any restriction under the enabling Act on the category of places that can be entered.*\], and > 2 to \[*Specify the type of search or inquiry and the purpose of the search or inquiry to be performed on entry. Functions on entry must be within those authorised by the enabling Act. Specify with particularity anything to be seized. Specify the offence(s), if any, with respect to which search or inquiry is to be made.*\] This search warrant may be executed— > (a)\* only by day (ie between 6 am and 9 pm) > (b)\* by day (ie between 6 am and 9 pm) or night (ie between 9 pm and 6 am). \[*\* Delete if inapplicable.*\] In executing this search warrant the applicant may exercise the powers provided by the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) and any other Act named above. These include the following powers— > (a) to enter the named premises, > (b) to use any persons necessary to assist in the execution of this warrant, > (c) to use such force as is reasonably necessary to enter the premises, > (d) to break open any receptacle on the premises for the purposes of the search of the premises if it is reasonably necessary to do so, > (e) \[*Specify (if relevant) any special additional powers of personal search, seizure, arrest, inspection, etc, provided under the enabling Act.*\] Signed \[*Insert signature.*\] Date \[*The authorised officer should sign and date the warrant and initial any corrections. In the case of a telephone search warrant, in circumstances where the warrant is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of warrant in the terms dictated by the authorised officer and write on it the date and time when the warrant was signed.*\] Form 15 Warrant relating to suspected domestic violence offence—entry by warrant where entry denied (Clause 6(1)(e)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) This warrant expires at \[*Time*\] on \[*Date*\] and must not be used after that time. On \[*Date*\], \[*Name of authorised officer*\], an authorised officer empowered to issue warrants under section 83 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this warrant authorising \[*Name and rank*\] of \[*Place of work*\] (the applicant) as follows— > 1 to enter the dwelling at \[*Address*\], > 2 \*to investigate whether a domestic violence offence has taken place, > 3 \*to take action to prevent the commission/further commission\* of a domestic violence offence. \[*\* Delete if inapplicable.*\] This warrant may be executed— > (a)\* only by day (ie between 6 am and 9 pm) > (b)\* by day (ie between 6 am and 9 pm) or night (ie between 9 pm and 6 am). \[*\* Delete if inapplicable.*\] In executing this warrant the applicant may exercise the powers provided by the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). These include the following powers— > (a) to enter the named premises, > (b) to use any persons necessary to assist in the execution of this warrant, > (c) to use such force as is reasonably necessary to enter the premises. However, in executing this warrant the applicant and any other police officers who enter the dwelling are to take only the action in the dwelling that is reasonably necessary— > (a) to investigate whether a domestic violence offence has been committed, and > (b) to render aid to any person who appears to be injured, and > (c) to exercise any lawful power to arrest a person, and > (d) to prevent the commission or further commission of a domestic violence offence. A police officer who enters the dwelling under this warrant must inquire as to the presence of any firearms in the dwelling and, if informed that there is a firearm, must take all such action as is reasonably practicable to search for and to seize and detain the firearm. A police officer who enters the dwelling under this warrant may search the dwelling for a dangerous article and seize and detain the dangerous article if the police officer believes, on reasonable grounds, that— > (a) the dangerous article is in the dwelling, and > (b) the dangerous article is being, or was, or may have been or may be used to commit a domestic violence offence. A police officer entering the dwelling under this warrant is to remain in the dwelling only as long as it is necessary to take the actions required or permitted under Part 6 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). Signed \[*Print name and insert signature.*\] Date \[*The authorised officer should sign and date the warrant and initial any corrections. In the case of a telephone search warrant, in circumstances where the warrant is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of warrant in the terms dictated by the authorised officer and write on it the name of that authorised officer and the date and time when the warrant was signed.*\] Form 16 Crime scene warrant (Clause 6(1)(f)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) This warrant expires at \[*Time*\] on \[*Date*\] and must not be used after that time. On \[*Date*\], an authorised officer empowered to issue crime scene warrants under Part 7 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this warrant authorising \[*Name and rank*\] of \[*Place of work*\] (the applicant), a police officer, and all other police officers— > 1 to enter the premises known as \[*Address*\], being a \[*Description of premises (eg dwelling house)*\], and > 2 to exercise all reasonably necessary crime scene powers, as listed in paragraphs (d)–(s) below, at, or in relation to, \[*Specify crime scene*\]. The applicant has reasonable grounds for suspecting that it is necessary to exercise crime scene powers at the crime scene for the purpose of preserving, or searching for and gathering, evidence of the commission of— > (a)\* the offence of \[*Specify offence.*\], which is a serious indictable offence > (b)\* the offence of \[*Specify offence.*\] that is being/was/may have been\* committed in connection with a traffic accident that has resulted in the death of/serious injury to\* a person. This warrant may be executed— > (a)\* only by day (ie between 6 am and 9 pm) > (b)\* by day (ie between 6 am and 9 pm) or night (ie between 9 pm and 6 am). \[*\* Delete if inapplicable.*\] In executing this warrant a police officer may exercise the powers provided by the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). These include the following powers— > (a) to enter the named premises, using such force as is reasonably necessary for that purpose, > (b) to use any persons necessary to assist in the execution of this warrant, > (c) to exercise any lawful power to arrest a person, > (d) to direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene, > (e) to remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene, > (f) to direct a person not to enter the crime scene, > (g) to prevent a person from entering the crime scene, > (h) to prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person, > (i) to remove or cause to be removed an obstruction from the crime scene, > (j) to perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence, > (k) to conduct any examination, or process, for the purpose of performing any necessary investigation, > (l) to open anything at the crime scene that is locked, > (m) to take electricity, gas or any other utility, for use at the crime scene, > (n) to direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises, > (o) to photograph or otherwise record the crime scene and anything in it, > (p) to seize, detain, remove from the crime scene or guard all or part of a thing that might provide evidence of the commission of an offence, > (q) to dig up anything at the crime scene, > (r) to remove wall or ceiling linings or floors of a building, or panels of a vehicle, > (s) to exercise any other power reasonably necessary or incidental to a power conferred by paragraphs (d)–(r), > (t) to stay on the premises for the purpose of exercising the powers set out in paragraphs (d)–(s). Signed \[*Insert signature.*\] Date \[*The authorised officer should sign and date the warrant and initial any corrections. In the case of a telephone search warrant, in circumstances where the warrant is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of warrant in the terms dictated by the authorised officer and write on it the date and time when the warrant was signed.*\] Form 17 Detention warrant (Clause 6(1)(g)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) On \[*Date*\], \[*Name of authorised officer*\], an authorised officer empowered to issue detention warrants under Part 9 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this warrant to extend the maximum investigation period in relation to \[*Name of detained person*\] of \[*Address*\] beyond 6 hours by \[*Specify hours and minutes.*\] (excluding times that are not to be taken into account under section 117 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) from \[*Time*\] on \[*Date*\]. Signed \[*Print name and insert signature.*\] Date \[*The authorised officer should sign and date the warrant and initial any corrections. In the case of a telephone search warrant, in circumstances where the warrant is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of warrant in the terms dictated by the authorised officer and write on it the name of that authorised officer and the date and time when the warrant was signed.*\] Note. If the application for the detention warrant was made by telephone, the applicant must, within one day after the day on which the warrant is issued, give or transmit to the authorised officer an affidavit setting out the information on which the application was based that was given to the authorised officer when the application was made. Form 18 Warrant authorising use of dog to carry out general drug detection (Clause 6(1)(h)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) This warrant expires at \[*Time*\] on \[*Date*\] and must not be used after that time. On \[*Date*\], \[*Name of authorised officer*\], an authorised officer empowered to issue warrants under Division 2 of Part 11 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this warrant authorising \[*Name and rank*\] of \[*Place of work*\] (the applicant), a police officer, and all other police officers, to use a dog to carry out general drug detection in \[*Describe public place.*\], a public place, during the period/periods\* of \[*Describe period or periods concerned.*\] This warrant may be executed— > (a)\* only by day (ie between 6 am and 9 pm) > (b)\* by day (ie between 6 am and 9 pm) or night (ie between 9 pm and 6 am). In executing this warrant a police officer may exercise the powers provided by the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). These include the following powers— > (a) to use any persons necessary to assist in the execution of this warrant, > (b) to use a dog to carry out the detection of prohibited drugs or plants in the possession or control of a person. Signed \[*Print name and insert signature.*\] Date \[*\* Delete if inapplicable.*\] \[*The authorised officer should sign and date the warrant and initial any corrections. In the case of a telephone warrant, in circumstances where the warrant is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of warrant in the terms dictated by the authorised officer and write on it the name of that authorised officer and the date and time when the warrant was signed.*\] Form 19 Notice to produce documents (Clause 6(1)(i)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) This notice expires at \[*Time*\] on \[*Date*\] and must not be given after that time. On \[*Date*\], \[*Name of authorised officer*\], an authorised officer empowered to grant notices to produce documents under Division 3 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this notice requiring \[*Name of authorised deposit-taking institution*\] or an officer of \[*Name of authorised deposit-taking institution*\] to produce the documents described below to \[*Name and rank*\] of \[*Place of work*\] (the applicant), a police officer by/within\* \[*Time and date or period*\]. The documents are \[*Description of documents*\]. The documents are to be produced \[*Specify whether documents are to be produced in hardcopy or electronic form (including kind of electronic form, eg email, CD in RTF format, facsimile transmission). If to be produced in hardcopy form, specify address. If to be produced electronically, specify relevant details such as email address, fax number (including person to whom fax to be addressed). The Notice may specify a combination of types of forms in which documents may be produced.*\] \[*\* Delete if inapplicable.*\] Signed \[*Print name and insert signature.*\] Date \[*The authorised officer should sign and date the notice and initial any corrections. In the case of a telephone notice, in circumstances where the notice is issued but not furnished to the applicant (for example, because facsimile facilities are not available), the applicant is to complete this Form of notice in the terms dictated by the authorised officer and write on it the name of that authorised officer and the date and time when the notice was signed.*\] Form 20 Warrant for arrest of person unlawfully at large (Clause 6(2)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) On \[*Date*\], \[*Name of authorised officer*\], an authorised officer who is empowered to grant warrants under section 103 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), granted this warrant authorising the arrest of \[*Name of person who is unlawfully at large*\], who is unlawfully at large. Other known identifying particulars of \[*Name of person who is unlawfully at large*\] are as follows: \[*Insert particulars, if known, such as date of birth, last known address, management index number (MIN) allocated by the Department of Corrective Services.*\] Signed \[*Print name and insert signature.*\] Date Form 21 Occupier’s notice for Part 5 search warrant (other than covert or criminal organisation search warrant) (Clause 7(a)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) A search warrant has been issued by an eligible issuing officer. It gives the authority and power to the police to enter and search the premises at \[*Address*\], being a \[*Description of premises (eg dwelling house)*\]. Expiry The search warrant will expire at \[*Time*\] on \[*Date*\] / expired on at \[*Time*\] on \[*Date*\] \[*Delete whichever is not applicable.*\] Warnings 1\. You have the right to inspect the search warrant, but you must not hinder or obstruct the search, as to do so may be a criminal offence. Under section 52 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), the maximum penalty for obstructing or hindering a search without reasonable excuse is a fine of $11,000 or 2 years imprisonment (or both). 2\. It is an offence under section 63(1A) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this notice knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Powers given by the search warrant This search warrant authorises police to use such force as is reasonably necessary to enter the premises and to carry out the purposes of the warrant. The things the police are empowered to search for are: \[*If space is insufficient, continue overleaf or attach a separate sheet.*\] The police can seize, detain, remove from the premises or guard any of the things mentioned in the warrant and anything that they find, while executing the search warrant, that is believed on reasonable grounds to be connected with any offence. The police also have the power to— > (a) break open any receptacle in or on the premises for the purposes of the search of the premises if it is reasonably necessary to do so, and > (b) search any persons on the premises who are reasonably suspected of having a thing that is mentioned in the warrant, and > (c) arrest any person who is reasonably suspected of committing an offence, and > (d) if the warrant is issued in relation to a child prostitution offence—make inquiries relating to any such offence, and > (e) disable any alarm, camera or surveillance device at the premises, and > (f) pacify any guard dog at the premises, and > (g) render safe any dangerous article found in or on the premises, and > (h) operate electronic and other equipment brought to the premises or at the premises to examine a thing found at the premises, and > (i) move a thing found at the premises to another place for examination in order to determine whether it is or contains a thing that may be seized, and > (j) operate equipment at the premises to access data (including data held at premises other than the subject premises), and > (k) do anything that it is reasonably necessary to do for the purpose of preventing the loss or destruction of, or damage to, any thing connected with an offence that the police believe on reasonable grounds to be at those premises, including by blocking any drains at or used in connection with the premises. Issue details The search warrant was granted by an eligible issuing officer under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) on \[*Date*\] at \[*Time*\]. The warrant was issued on the application of \[*Name and rank*\] of \[*Place of work*\]. Basis for the issue of the warrant The warrant was granted on the basis that the eligible issuing officer found that there were reasonable grounds for the issue of the warrant and, in particular, that the applicant had reasonable grounds to believe that— > (a)\* there were on the premises the things listed above, which were things connected with the offence of: \[*Specify offence.*\] > (b)\* a child prostitution offence has been, is being, or will be, committed on or with respect to the premises. \[*\* Delete if inapplicable.*\] Challenging the issue of the warrant or the conduct of the search If you are dissatisfied with the issue of the warrant or the conduct of the search, you should seek legal advice. This advice may assist you to decide whether your rights have been infringed and what action you can take. If your rights have been infringed you may be entitled to a legal remedy. You should keep this notice as it will assist you if you seek advice. Limitations on the powers conferred The following limitations apply to the warrant— > (a) the warrant must be executed before the date and time of the expiry given above, > (b) any force used to enter the premises must be reasonably necessary, > (c) the warrant must be executed between 6 am and 9 pm unless the warrant states that it may be executed by day or night, > (d) the warrant must be shown to you if you ask to see it, > (e) nothing other than the things mentioned in the warrant can be seized unless it was found by a police officer while executing the search and the officer believes on reasonable grounds that it is connected with any offence (not including a thing that may be moved to another place for examination in order to determine whether it is or contains a thing that may be seized). Inspection The application for the warrant, written reasons for the issue of the warrant and other associated documents are to be held at \[*Insert the appropriate Local Court registry.*\] You may seek to inspect those documents by arrangement with that registry. You should produce this notice at the registry when seeking to inspect those documents. Signed \[*Insert signature.*\] \[*In the case of a notice relating to a telephone search warrant, in circumstances where the warrant is issued but the notice is not furnished to the applicant (for example, because facsimile facilities are not available), the applicant officer is to complete this Form of notice in the terms dictated by the eligible issuing officer.*\] Date Form 22 Occupier’s notice for covert search warrant (Clause 7(b)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) A covert search warrant has been issued by an eligible issuing officer. It gives the authority and power to an executing officer to enter and search the premises at \[*Address*\], being a \[*Description of premises (eg dwelling house)*\]. Expiry The covert search warrant will expire at \[*Time*\] on \[*Date*\]. Warning 1\. You must not hinder or obstruct the search, as to do so may be a criminal offence. Under section 52 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), the maximum penalty for obstructing or hindering a search without reasonable excuse is a fine of $11,000 or 2 years imprisonment (or both). 2\. It is an offence under section 63(1A) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this notice knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Powers given by the covert search warrant In executing this covert search warrant an executing officer may exercise the powers provided by the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). These include the following powers— > (a) to enter the named premises with or without the knowledge of any occupier of the premises, > (b) to search for the following things with or without the knowledge of any occupier of the premises: \[*If space is insufficient, continue overleaf or attach a separate sheet.*\], > (c) to use any persons necessary to assist in the execution of the warrant, > (d) to use such force as is reasonably necessary to enter the premises, > (e) to break open any receptacle in or on the premises for the purposes of the search of the premises if it is reasonably necessary to do so, > (f) to search any persons found in or on the premises who are reasonably suspected of having a thing mentioned in this warrant, > (g) to arrest any persons found in or on the premises whom a police officer suspects on reasonable grounds of having committed an offence, > (h) to seize, detain, remove from the premises or guard anything mentioned in this warrant and any other thing found by a police officer in the course of executing this warrant that the police officer believes on reasonable grounds is connected with any offence, > (i) if the warrant is issued in relation to a child prostitution offence—to make in the premises inquiries relating to any such offence, > (j) to disable any alarm, camera or surveillance device at the premises, > (k) to pacify any guard dog at the premises, > (l) to do anything that it is reasonably necessary to do for the purpose of preventing the loss or destruction of, or damage to, any thing connected with an offence that an executing officer believes on reasonable grounds to be at those premises, including by blocking any drains at or used in connection with the premises, > (m) to impersonate another person for the purposes of executing the warrant, > (n) to do anything that is reasonably necessary to do to render safe any dangerous article found in or on the premises, > (o) to do anything else that is reasonable for the purpose of concealing anything done in the execution of the warrant from the occupier of the premises, including the following: \[*Insert powers*\], > (p) to render safe any dangerous article found in or on the premises, > (q) to operate electronic and other equipment brought to the premises or at the premises to examine a thing found at the premises, > (r) to move a thing found at the premises to another place for examination in order to determine whether it is or contains a thing that may be seized, > (s) to operate equipment at the premises to access data (including data held at premises other than the subject premises). Issue details The covert search warrant was granted by an eligible issuing officer under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) on \[*Date*\] at \[*Time*\]. The warrant was issued on the application of \[*Name and rank or position*\] of \[*Place of work*\]. Basis for the issue of the warrant The warrant was granted on the basis that the eligible issuing officer found that there were reasonable grounds for the issue of the warrant and, in particular— > (a) that the applicant had reasonable grounds to suspect that there were on the premises the things listed above, which were things connected with the offence of: \[*Specify offence.*\] > (b) that the applicant considered it necessary for the entry and search of the premises to be conducted without the knowledge of any occupier of the premises. Challenging the issue of the warrant or the conduct of the search If you are dissatisfied with the issue of the warrant or the conduct of the search, you should seek legal advice. This advice may assist you to decide whether your rights have been infringed and what action you can take. If your rights have been infringed you may be entitled to a legal remedy. You should keep this notice as it will assist you if you seek advice. Limitations on the powers conferred The following limitations apply to the warrant— > (a) the warrant must be executed before the date and time of the expiry given above, > (b) any force used to enter the premises must be reasonably necessary, > (c) nothing other than the things mentioned in the warrant can be seized unless it was found by a executing officer while executing the search and the officer believes on reasonable grounds that it is connected with any offence (not including a thing that may be moved to another place for examination in order to determine whether it is or contains a thing that may be seized). Inspection The application for the warrant, written reasons for the issue of the warrant and other associated documents are to be held at \[*Insert the appropriate Supreme Court registry*\]. You may seek to inspect those documents by arrangement with that registry. You should produce this notice at the registry when seeking to inspect those documents. Signed \[*Insert signature.*\] \[*In the case of a notice relating to a telephone search warrant, in circumstances where the warrant is issued but the notice is not furnished to the applicant (for example, because facsimile facilities are not available), the applicant officer is to complete this Form of notice in the terms dictated by the eligible issuing officer.*\] Date Form 23 Adjoining occupier’s notice for covert search warrant (Clause 8) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) A covert search warrant has been issued by an eligible issuing officer. It gives the authority and power to an executing officer to enter and search the premises (the subject premises) at \[*Address*\], being a \[*Description of premises (eg dwelling house)*\]. The warrant was granted by an eligible issuing officer under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) on \[*Date*\] at \[*Time*\]. The warrant was issued on the application of \[*Name and rank or position*\] of \[*Place of work*\]. The warrant also gives the authority to an executing officer to enter the following premises that adjoin or provide access to the subject premises without the knowledge of the occupier of the adjoining premises: \[*Specify address or other description of adjoining premises.*\] Signed \[*Insert signature of applicant.*\] Date Form 24 Occupier’s notice for criminal organisation search warrant (Clause 7(c)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) A search warrant has been issued by an eligible issuing officer. It gives the authority and power to the police to enter and search the premises at \[*Address*\], being a \[*Description of premises (eg dwelling house)*\]. Expiry The search warrant will expire at \[*Time*\] on \[*Date*\] / expired on at \[*Time*\] on \[*Date*\] \[*Delete whichever is not applicable.*\] Warnings 1\. You have the right to inspect the search warrant, but you must not hinder or obstruct the search, as to do so may be a criminal offence. Under section 52 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), the maximum penalty for obstructing or hindering a search without reasonable excuse is a fine of $11,000 or 2 years imprisonment (or both). 2\. It is an offence under section 63(1A) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this notice knowing it is false or misleading in a material particular. The maximum penalty is a fine of $11,000 or 2 years imprisonment (or both). Powers given by the search warrant This search warrant authorises police to use such force as is reasonably necessary to enter the premises and to carry out the purposes of the warrant. The things the police are empowered to search for are: \[*If space is insufficient, continue overleaf or attach a separate sheet.*\] The police can seize, detain, remove from the premises or guard any of the things mentioned in the warrant and anything that they find, while executing the search warrant, that is believed on reasonable grounds to be connected with any offence. The police also have the power to— > (a) break open any receptacle in or on the premises for the purposes of the search of the premises if it is reasonably necessary to do so, and > (b) search any persons on the premises who are reasonably suspected of having a thing that is mentioned in the warrant, and > (c) arrest any person who is reasonably suspected of committing an offence, and > (d) if the warrant is issued in relation to a child prostitution offence—make inquiries relating to any such offence, and > (e) disable any alarm, camera or surveillance device at the premises, and > (f) pacify any guard dog at the premises, and > (g) render safe any dangerous article found in or on the premises, and > (h) operate electronic and other equipment brought to the premises or at the premises to examine a thing found at the premises, and > (i) move a thing found at the premises to another place for examination in order to determine whether it is or contains a thing that may be seized, and > (j) operate equipment at the premises to access data (including data held at premises other than the subject premises), and > (k) do anything that it is reasonably necessary to do for the purpose of preventing the loss or destruction of, or damage to, any thing connected with an offence that the police believe on reasonable grounds to be at those premises, including by blocking any drains at or used in connection with the premises. Issue details The search warrant was granted by an eligible issuing officer under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) on \[*Date*\] at \[*Time*\]. The warrant was issued on the application of \[*Name and rank*\] of \[*Place of work*\]. Basis for the issue of the warrant The warrant was granted on the basis that the eligible issuing officer found that there were reasonable grounds for the issue of the warrant and, in particular, that the applicant had reasonable grounds to suspect that there were on the premises the things listed above, which were things connected with the offence of: \[*Specify offence.*\] Challenging the issue of the warrant or the conduct of the search If you are dissatisfied with the issue of the warrant or the conduct of the search, you should seek legal advice. This advice may assist you to decide whether your rights have been infringed and what action you can take. If your rights have been infringed you may be entitled to a legal remedy. You should keep this notice as it will assist you if you seek advice. Limitations on the powers conferred The following limitations apply to the warrant— > (a) the warrant must be executed before the date and time of the expiry given above, > (b) any force used to enter the premises must be reasonably necessary, > (c) the warrant must be executed between 6 am and 9 pm unless the warrant states that it may be executed by day or night, > (d) the warrant must be shown to you if you ask to see it, > (e) nothing other than the things mentioned in the warrant can be seized unless it was found by a police officer while executing the search and the officer believes on reasonable grounds that it is connected with any offence (not including a thing that may be moved to another place for examination in order to determine whether it is or contains a thing that may be seized). Inspection The application for the warrant, written reasons for the issue of the warrant and other associated documents are to be held at \[*Insert the appropriate Supreme Court registry.*\] You may seek to inspect those documents by arrangement with that registry. You should produce this notice at the registry when seeking to inspect those documents. Signed \[*Insert signature.*\] \[*In the case of a notice relating to a telephone search warrant, in circumstances where the warrant is issued but the notice is not furnished to the applicant (for example, because facsimile facilities are not available), the applicant officer is to complete this Form of notice in the terms dictated by the eligible issuing officer.*\] Date Form 25 Occupier’s notice for search warrant other than Part 5 search warrant (Clause 7(d)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) A search warrant has been issued by an authorised officer. It gives the authority and power to the persons named in the search warrant to enter and search the premises at \[*Address*\], being a \[*Description of premises (eg dwelling house)*\]. Expiry The search warrant will expire at \[*Time*\] on \[*Date*\]. Warning You have the right to inspect the search warrant. \[*If hindering or obstructing the persons executing the search warrant is an offence under the Act authorising the issue of the warrant, state so here and insert name of Act and section of Act under which it is an offence*\]. Powers given by the search warrant The search warrant gives the power to the persons executing it to do the following things— > (a) to use such force as is reasonably necessary to enter the premises, > (b) to break open any receptacle in or on the premises for the purposes of the search of the premises if it is reasonably necessary to do so, > (c) to search for/inspect the following things: \[*List the items to be searched for.*\], > (d) to exercise the following powers: \[*List the powers that are specified in the Act authorising the issue of a search warrant specifically required by the applicant.*\], > (e) to exercise such other powers as are specified in \[*Insert Act and section of Act under which the warrant was issued.*\]. These powers include \[*Describe main powers.*\] Issue details The search warrant was granted by an authorised officer under \[*Insert Act and section of Act under which the warrant was issued.*\] on \[*Date*\] at \[*Time*\]. The search warrant was issued on the application of \[*Insert name, address, title and the organisation to which the applicant belongs.*\] Basis for the issue of the warrant The warrant was granted on the basis that the authorised officer found that there were reasonable grounds for the issue of the warrant and, in particular, that the applicant had reasonable grounds to believe \[*Insert in summary form the grounds on which the search warrant was issued.*\] Challenging the issue of the warrant or conduct of the search If you are dissatisfied with the issue of the warrant or the conduct of the people executing the warrant, you should seek legal advice. This advice may assist you to decide whether your rights have been infringed and what action you can take. If your rights have been infringed you may be entitled to a legal remedy. You should keep this notice as it will assist you if you seek advice. Limitations on the powers conferred The following limitations apply to the warrant— > (a) the warrant must be executed before the date and time of the expiry given above, > (b) any force used to enter premises must be reasonably necessary, > (c) the warrant must be executed between 6 am and 9 pm unless the warrant states that it may be executed by day or night, > (d) the warrant must be shown to you if you ask to see it, > (e) only functions and powers authorised under the warrant or by the Act authorising the issue of the warrant may be performed. Inspection The application for the warrant, written reasons for the issue of the warrant and other associated documents are to be held at \[*Insert the appropriate Local Court registry.*\] You may seek to inspect those documents by arrangement with that registry. You should produce this notice at the registry when seeking to inspect those documents. Signed \[*Insert signature.*\] \[*In the case of a notice relating to a telephone search warrant, in circumstances where the warrant is issued but the notice is not furnished to the applicant (for example, because facsimile facilities are not available), the applicant officer is to complete this Form of notice in the terms dictated by the authorised officer.*\] Date Form 26 Occupier’s notice for crime scene warrant (Clause 7(e)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) A crime scene warrant has been issued by an authorised officer. It gives the authority and power to the police to enter the premises at \[*Address*\], being a \[*Description of premises (eg dwelling house)*\], and exercise all reasonably necessary crime scene powers in relation to \[*Specify crime scene.*\] Expiry The crime scene warrant will expire at \[*Time*\] on \[*Date*\]. Warning You have the right to inspect the warrant but you must not hinder or obstruct any police officer executing the warrant, as to do so may be a criminal offence. Under section 96(1) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), the maximum penalty for obstructing or hindering, without reasonable excuse, a person acting under a warrant is a fine of $11,000 or 2 years imprisonment (or both). Further, you must not fail or refuse to comply with a request made or direction given by a police officer exercising crime scene powers at the crime scene as to do so may also be a criminal offence. Under section 96(2) of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), the maximum penalty for failing or refusing, without reasonable excuse, to comply with a request made or direction given by a police officer exercising such powers under this warrant is a fine of $1,100. Powers given by the warrant The police have the following powers— > (a) to enter the named premises, using such force as is reasonably necessary for that purpose, > (b) to use any persons necessary to assist in the execution of this warrant, > (c) to exercise any lawful power to arrest a person, > (d) to direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene, > (e) to remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene, > (f) to direct a person not to enter the crime scene, > (g) to prevent a person from entering the crime scene, > (h) to prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person, > (i) to remove or cause to be removed an obstruction from the crime scene, > (j) to perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence, > (k) for the purpose of performing any necessary investigation, to conduct any examination or process, > (l) to open anything at the crime scene that is locked, > (m) to take electricity, gas or any other utility, for use at the crime scene, > (n) to direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises, > (o) to photograph or otherwise record the crime scene and anything in it, > (p) to seize, detain, remove from the crime scene or guard all or part of a thing that might provide evidence of the commission of an offence, > (q) to dig up anything at the crime scene, > (r) to remove wall or ceiling linings or floors of a building, or panels of a vehicle, > (s) to exercise any other power reasonably necessary or incidental to a power listed in paragraphs (e)–(s), > (t) to stay on the premises for the purpose of exercising the powers set out in paragraphs (d)–(s). Issue details The warrant was granted by an authorised officer under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) on \[*Date*\] at \[*Time*\]. The warrant was issued on the application of \[*Name and rank*\] of \[*Place of work*\]. Basis for the issue of the warrant The warrant was granted on the basis that the authorised officer found that there were reasonable grounds for the issue of the warrant and, in particular, that the applicant police officer had reasonable grounds to suspect that it was necessary to exercise crime scene powers at a crime scene for the purpose of preserving, or searching for and gathering, evidence of the commission of— > (a) \*the offence of \[*Specify offence.*\], which is a serious indictable offence, > (b) \*the offence of \[*Specify offence.*\] that is being/was/may have been\* committed in connection with a traffic accident that has resulted in the death of/serious injury to\* a person. \[*\* Delete if inapplicable.*\] Challenging the issue or execution of the warrant If you are dissatisfied with the issue or the execution of the warrant, you should seek legal advice. This advice may assist you to decide whether your rights have been infringed and what action you can take. If your rights have been infringed you may be entitled to a legal remedy. You should keep this notice as it will assist you if you seek advice. Under section 94A of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) you have, if you are the occupier of private premises, the right to apply to a Magistrate to have the warrant reviewed. Limitations on the powers conferred The following limitations apply to the warrant— > (a) the warrant must be executed before the date and time of the expiry given above, > (b) any force used to enter the premises must be reasonably necessary, > (c) the warrant must be executed between 6 am and 9 pm unless the warrant states that it may be executed by day or night, > (d) the warrant must be shown to you if you ask to see it, > (e) the powers listed in paragraphs (d)–(s) under the heading “**Powers given by the warrant**” may be exercised only if it is reasonably necessary to do so. Inspection The application for the warrant, written reasons for the issue of the warrant and other associated documents are to be held at \[*Insert the appropriate Local Court registry*\]. You may seek to inspect those documents by arrangement with that registry. You should produce this notice at the registry when seeking to inspect those documents. Signed \[*Insert signature.*\] \[*In the case of a notice relating to a telephone crime scene warrant, in circumstances where the warrant is issued but the notice is not furnished to the applicant (for example, because facsimile facilities are not available), the applicant officer is to complete this Form of notice in the terms dictated by the authorised officer.*\] Date Form 27 Report to eligible issuing officer about execution of warrant (other than covert search warrant) (Clause 11(1)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Note. This report must be made within 10 days after the execution of the warrant or the expiry of the warrant, whichever first occurs. This report is made to the eligible issuing officer who issued the attached warrant. \[*Unless completed on the back of the warrant, attach the original warrant issued by the eligible issuing officer or telephone warrant completed by the applicant.*\] > \*1 The warrant was not executed for the following reasons— > \*2 The warrant was executed on \[*Date*\]. > \*3 \[*To be completed unless 4 applies.*\] The warrant was executed at \[*Specify time at which execution of warrant was completed.*\] > \*3A \[*To be completed if a digital evidence access order was issued in connection with the warrant.*\] A digital evidence access order issued in connection with the warrant was used as follows: \[*Specify how the order was used, including by describing the direction given.*\] > \*4 \[*To be completed if the warrant authorised the use of a dog for general drug detection.*\] The warrant was executed during the period/periods\* of \[*Specify period/periods.*\] > \*5 \[*To be completed in the case of a crime scene warrant.*\] The warrant was executed in relation to \[*Specify address of premises in relation to which crime scene warrant was executed.*\] > \*6 The result of the execution of the warrant (including a description of the things seized) is briefly as follows: \[*If a receipt is given for anything seized, attach a copy.*\] > \*7 The things seized are now in the custody of \[*Specify the person who has responsibility for the safekeeping of the things seized. Specify the place where the things are held unless specifying the place where they are held would adversely affect the security of the things seized.*\] > \*8 The occupier’s notice was not served/served on\* \[*Specify manner of service and on whom notice was served.*\] \[*\* Delete if inapplicable.*\] Signed \[*Print name and insert signature.*\] Date Rank or designation Place of work Date of receipt of report by eligible issuing officer Eligible issuing officer \[*Print name and insert signature.*\] Note. On completion of the report, forward the report and attachments to the Local Court registry or the Supreme Court registry named in the Occupier’s Notice. Form 28 Report to eligible issuing officer about execution of covert search warrant (Clause 12(1)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Note. This report must be made within 10 days after the execution of the covert search warrant or the expiry of the warrant, whichever first occurs. This report is made to the eligible issuing officer who issued the attached warrant. \[*Unless completed on the back of the warrant, attach the original warrant issued by the eligible issuing officer or telephone warrant completed by the applicant.*\] > \*1 The warrant was not executed for the following reasons— > \*2 The warrant was executed at \[*Specify the address or other description of the subject premises.*\] > \*3 The warrant was executed on \[*Date*\]. > \*4 The warrant was executed at \[*Specify time at which execution of warrant was completed.*\] > \*5 The person in charge when the warrant was executed was \[*Specify name or code-name.*\] > \*6 The persons who entered the subject premises to assist in the execution of the warrant were, and the nature of the assistance provided was as follows: \[*Specify name(s) or code-name(s) and nature of assistance in relation to each person.*\] > \*7 The following powers were exercised under the warrant: \[*Specify powers.*\] > \*7A \[*To be completed if a digital evidence access order was issued in connection with the warrant.*\] A digital evidence access order issued in connection with the warrant was used as follows: \[*Specify how the order was used, including by describing the direction given.*\] > \*8 The result of the execution of the warrant (including a description of the things seized, placed in substitution for a seized thing or examined and any data accessed under section 75B of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) is briefly as follows: \[*If a receipt is given for anything seized, attach a copy.*\]— > \*9 The things seized are now in the custody of \[*Specify the person who has responsibility for the safekeeping of the things seized. Specify the place where the things are held unless specifying the place where they are held would adversely affect the security of the things seized.*\] \[*\* Delete if inapplicable.*\] Signed \[*Print name and insert signature.*\] Date Rank or position Place of work Date of receipt of report by eligible issuing officer Eligible issuing officer \[*Print name and insert signature.*\] Note. On completion of the report, forward the report and attachments to the Supreme Court registry named in the Occupier’s Notice. Form 29 Report to eligible issuing officer about return or retrieval of thing following execution of covert search warrant (Clause 12(2)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Note. This report must be made within 10 days after the entry to the premises the subject of a covert search warrant for the purposes of retrieving or returning a thing under section 49A of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). This report is made to the eligible issuing officer who issued the attached warrant. \[*Unless completed on the back of the warrant, attach the original warrant issued by the eligible issuing officer or telephone warrant completed by the applicant.*\] > \*1 The warrant was executed at \[*Specify the address or other description of the subject premises.*\] > \*2 The warrant was executed on \[*Date*\]. > \*3 The subject premises were re-entered on \[*Date*\]. > \*4 The thing was not returned or retrieved for the following reasons— > \*5 The thing returned or retrieved was: \[*Set out a brief description of thing.*\] > \*6 The persons who entered the premises for the purposes of the return or retrieval of the thing are \[*Specify names or code-names.*\] > \*7 The persons who entered the premises to assist in the return or retrieval of the thing are, and the nature of the assistance provided was, as follows: \[*Specify names or code-names and nature of assistance in relation to each person.*\] \[*\* Delete if inapplicable.*\] Signed \[*Print name and insert signature.*\] Date Rank or position Place of work Date of receipt of report by eligible issuing officer Eligible issuing officer \[*Print name and insert signature.*\] Note. On completion of the report, forward the report and attachments to the Supreme Court registry named in the Occupier’s Notice. Form 30 Report to eligible issuing officer about notice to produce documents (Clause 11(2)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Note. This report must be made within 10 days after the giving of the notice to produce documents to the authorised deposit-taking institution concerned or the expiry of the notice, whichever first occurs. This report is made to the eligible issuing officer who issued the attached notice to produce documents. \[*Unless completed on the back of the notice, attach the original notice issued by the eligible issuing officer or telephone notice completed by the applicant.*\] > \*1 The notice was not given for the following reasons— > \*2 The notice was given on \[*Date*\] at \[*Time*\]. > \*3 The result of the giving of the notice (including a description of the documents produced) is briefly as follows: \[*If a receipt is given for anything produced, attach a copy.*\] > \*4 The documents are now in the custody of \[*Specify the person who has responsibility for the safekeeping of the documents produced. Specify the place where the documents are held unless specifying the place where they are held would adversely affect the security of the documents.*\] \[*\* Delete if inapplicable.*\] Signed \[*Print name and insert signature.*\] Date Rank or designation Place of work Date of receipt of report by eligible issuing officer Eligible issuing officer \[*Print name and insert signature.*\] Note. On completion of the report, forward the report and attachments to the Local Court registry at which the notice was issued or nearest to the place at which it was issued. Form 31 Summary of Part 9 of Act for detained persons (Clause 20(a)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Summary of Part 9 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) for detained persons My name is— I am your custody manager while you are at: \[*Insert name of police station or other place.*\] If you have any concerns about your treatment here you should tell me. > 1. This form tells you about your rights when you are in police custody here. > 2. If you cannot speak English, I will get an interpreter to help you and the investigating police will wait until the interpreter gets here. Caution > 3. While in police custody, you do not have to say or do anything, but anything you say or do may be used in evidence. Do you understand that? > 4. There are some exceptions to this right not to say or do anything. If one of these exceptions applies to you, police will tell you that you are required to answer questions or do something, and will explain the particular law that requires you to answer questions or do something. Time in custody > 5. The investigating police can keep you in their custody for up to 6 hours while they conduct their investigations. However, there are times that do not count towards the 6 hour investigation period. The times that do not count are listed on the back of this form. If the police want to keep you longer than 6 hours they must apply to a magistrate or other authorised officer. If this happens you or your lawyer can talk to the magistrate or authorised officer about whether the extension of time should be granted. If an extension is granted you will be given a copy of the document that authorises that. Contacting a lawyer, friend, relative, guardian, independent person or consular official > 6. I will help you speak to a lawyer of your choice if you want legal advice, or if you want to ask the lawyer to come here. I will let you do this without being overheard, if it is possible in the circumstances. If your lawyer comes here, I will allow you to speak to the lawyer in private. Your lawyer may be present during any investigative procedure you participate in, such as an interview or identification parade, and give you advice. > 7. I will also help you speak to a friend, relative, guardian or independent person so you can tell them where you are. I will let you do this without being overheard, if it is possible in the circumstances. You may also ask them to come here. If the person comes here, I will let you speak to that person in private. However, I do not have to allow you to speak to the person in private if doing so would be unsafe or would interfere with the investigation. > 8. If you are not an Australian citizen I will help you speak to a consular official. You may ask the consular official to come here. I will let you do this without being overheard, if it is possible in the circumstances. If the consular official comes here, I will allow you to speak to the official in private. > 9. The investigating police cannot ask you to do or say anything while you contact your lawyer, friend, relative, guardian, independent person or consular official, and wait for them to come here. > 10. The investigating police do not have to wait for more than 2 hours for the person you have contacted to come here. > 11. However, if I believe on reasonable grounds that someone’s safety is at risk, I do not have to delay the investigation to allow you to contact, or attempt to contact, a friend, relative, guardian or independent person, wait for that person to arrive here, or let you speak to the person once they have arrived. > 12. There are also some circumstances in which I do not have to let you communicate with, or attempt to communicate with a friend, relative, guardian or independent person at all. These are if I believe on reasonable grounds that to allow you to do so is likely to result in— > > > (a) an accomplice of yours avoiding arrest, or > > > (b) the concealment, fabrication, destruction or loss of evidence or the intimidation of a witness, or > > > (c) hindering the recovery of any person or property concerned in the offence under investigation, or > > > (d) bodily injury being caused to any other person. > 13. If you are under 18, an Aboriginal person or Torres Strait Islander, someone with a disability (whether physical, intellectual or some other disability), or someone from a non-English speaking background, you have other rights and there are other things I will do to help you while you are here. If you are such a person you should tell me and I will tell you more about those rights and what I will do to help you. Other rights > 14. I will immediately arrange for you to get medical attention if I think it is necessary, or if you request medical treatment for reasons that appear reasonable. You have the right to reasonable refreshments and reasonable access to a toilet. You have the right to facilities to wash, shower, bathe or shave if I am satisfied that this will not interfere with the investigation. > 15. I will tell you if a person claiming to be your friend, relative or guardian asks for information about where you are. I will tell that person where you are unless you do not agree, or I do not believe the person asking for information is who they claim to be. There are some other circumstances in which I do not have to tell the person where you are. > 16. I will also tell you if a person claiming to be your lawyer, a consular official from your country, or a professional person concerned with your welfare, asks for information about where you are. I will tell that person where you are unless you do not agree, or I do not believe the person asking for the information is who they claim to be. Record > 17. I will keep a record of your time in custody. I will let you look at the record if I reasonably can. I will give you a copy of the record when you are released or taken to court. Acknowledgment **Custody Manager**: At \[*Time*\] on \[*Date*\], I informed the detained person of the information contained on the front of this form entitled “Summary of Part 9 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) for detained persons”, by reading it to him/her\* and by giving him/her\* a copy of this form. Custody Manager \[*Print name, rank and date and insert signature.*\] Detained person: The information in this form has been read to me. I have also been given a copy of the form entitled “Summary of Part 9 of Law Enforcement (Powers & Responsibilities) Act 2002 for detained persons”. I understand the information that I have been given. Detained person \[*Print name and insert signature.*\] Note. You do not have to sign this form. Also, you do not have to agree to an electronically recorded interview if its only purpose is to record your refusal to sign. \*Name of detained person— \*The detained person declined to sign the above acknowledgment. He/she\* said— \*Custody Manager \[*Print name, rank and date and insert signature.*\] \[\* *Delete if inapplicable.*\] The following times do not count towards the 6 hour investigation time— > • time taken to bring you from where you were arrested to a place where facilities are available to carry out investigative procedures (for example, an interview), > • waiting for the arrival of police officers whose knowledge or skills are needed for the investigation, > • waiting for facilities to tape record an interview, > • communicating with, waiting for, and consulting with a friend, relative, guardian, independent person, lawyer or consular official, > • arranging for and receiving medical treatment, > • arranging and waiting for an interpreter, > • arranging and conducting an identification parade, > • resting, receiving refreshments or using toilet and other bathroom facilities, > • recovering from the effects of alcohol or drugs, > • applying for a detention warrant (to keep you in custody for more than 6 hours), search warrant or crime scene warrant relating to the investigation, > • any time taken to carry out charging procedures, > • carrying out a forensic procedure or applying for an order to carry out such a procedure. Note. A reference in this form to a custody manager includes a reference to a police officer who is exercising the functions of a custody manager at premises being searched under a search warrant. Form 32 Summary of Part 9 of Act for protected suspects (Clause 20(b)) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) Summary of Part 9 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) for protected suspects My name is— I am your custody manager while you are at: \[*Insert name of police station or other place.*\] If you have any concerns about your treatment here you should tell me. You are not under arrest and are free to leave at any time > 1. This form tells you about your rights when you are with police here. > 2. If you cannot speak English, I will get an interpreter to help you and the investigating police will wait until the interpreter gets here. Caution > 3. While you are with police, you do not have to say or do anything, but anything you say or do may be used in evidence. Do you understand that? > 4. There are some exceptions to this right not to say or do anything. If one of these exceptions applies to you, police will tell you that you are required to answer questions or do something, and will explain the particular law that requires you to answer questions or do something. Contacting a lawyer, friend, relative, guardian, independent person or consular official > 5. I will help you speak to a lawyer of your choice if you want legal advice, or if you want to ask the lawyer to come here. I will let you do this without being overheard, if it is possible in the circumstances. If your lawyer comes here, I will allow you to speak to the lawyer in private. Your lawyer may be present during any investigative procedure you participate in, such as an interview or identification parade, and give you advice. > 6. I will also help you speak to a friend, relative, guardian or independent person so you can tell them where you are. I will let you do this without being overheard, if it is possible in the circumstances. You may also ask them to come here. If the person comes here, I will let you speak to that person in private. However, I do not have to allow you to speak to the person in private if doing so would be unsafe or would interfere with the investigation. > 7. If you are not an Australian citizen I will help you speak to a consular official. You may ask the consular official to come here. I will let you do this without being overheard, if it is possible in the circumstances. If the consular official comes here, I will allow you to speak to the official in private. > 8. The investigating police cannot ask you to do or say anything while you contact your lawyer, friend, relative, guardian, independent person or consular official, and wait for them to come here. > 9. The investigating police do not have to wait for more than 2 hours for the person you have contacted to come here. > 10. However, if I think that someone’s safety is at risk, I do not have to delay the investigation to allow you to contact a friend, relative, guardian or independent person, wait for that person to arrive here, or let you speak to the person once they have arrived. > 11. There are also some circumstances in which I do not have to let you communicate with, or attempt to communicate with a friend, relative, guardian or independent person at all. These are if I believe on reasonable grounds that to allow you to do so is likely to result in— > > > (a) an accomplice of yours avoiding arrest, or > > > (b) the concealment, fabrication, destruction or loss of evidence or the intimidation of a witness, or > > > (c) hindering the recovery of any person or property concerned in the offence under investigation, or > > > (d) bodily injury being caused to any other person. > 12. If you are under 18, an Aboriginal person or Torres Strait Islander, someone with a disability (whether physical, intellectual or some other disability) or someone from a non-English speaking background, you have other rights and there are other things I will do to help you while you are here. If you are such a person you should tell me and I will tell you more about those rights and what I will do to help you. Other rights > 13. I will immediately arrange for you to get medical attention if I think it is necessary, or if you request medical treatment for reasons that appear reasonable. You have the right to reasonable refreshments and reasonable access to a toilet. You have the right to facilities to wash, shower, bathe or shave if I am satisfied that this will not interfere with the investigation. > 14. I will tell you if a person claiming to be your friend, relative or guardian asks for information about where you are. I will tell that person where you are unless you do not agree, or I do not believe the person asking for information is who they claim to be. There are some other circumstances in which I do not have to tell the person where you are. > 15. I will also tell you if a person claiming to be your lawyer, a consular official from your country, or a professional person concerned with your welfare, asks for information about where you are. I will tell that person where you are unless you do not agree, or I do not believe the person asking for the information is who they claim to be. Record > 16. I will keep a record of your time here. I will let you look at the record if I reasonably can. I will give you a copy of the record when you leave. Acknowledgment **Custody Manager**: At \[*Time*\] on \[*Date*\], I informed the protected suspect of the information contained on the front of this form entitled “Summary of Part 9 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) for protected suspects”, by reading it to him/her\* and by giving him/her\* a copy of this form. Custody Manager \[*Print name, rank and date and insert signature.*\] Protected suspect: The information in this form has been read to me. I have also been given a copy of the form entitled “Summary of Part 9 of Law Enforcement (Powers & Responsibilities) Act 2002 for protected suspects”. I understand the information that I have been given. Person in company of police \[*Print name and insert signature.*\] Note. You do not have to sign this form. Also, you do not have to agree to an electronically recorded interview if its only purpose is to record your refusal to sign. \*Name of protected suspect— \*The protected suspect declined to sign the above acknowledgment. He/she\* said— \*Custody Manager \[*Print name, rank and date and insert signature.*\] \[\* *Delete if inapplicable.*\] Note. A reference in this form to a custody manager includes a reference to a police officer who is exercising the functions of a custody manager at premises being searched under a search warrant. Form 33 Application for a digital evidence access order **Part 1 Application** On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a digital evidence access order in relation to \[*Specify name of specified person*.\], the specified person. I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 This digital evidence access order is made in connection with \[*Specify warrant type and details.*\] > 2 The \[*Specify warrant type and details*\] \[*has been issued OR will be issued at the same time as the order*\] > 3 I have reasonable grounds for suspecting evidential material is held in, or is accessible from, \[*Specify the computer*\], and that > 4 The specified person meets the criteria of section 76AJ of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > 4A I have reasonable grounds to believe the specified person is/is not\* under the age of 18 years. > \[*A document signed by a police officer of the rank of Inspector or above authorising the eligible applicant to make the application must be attached to this application if the eligible applicant has reasonable grounds to believe the specified person is under the age of 18 years.*\] I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the digital evidence access order is based. If space is insufficient, continue overleaf or attach a separate sheet.*\] \[*5 and 6 are to be completed if a previous application for the order has been made and refused. Attach a copy of the previous application to this Form.*\] 5\* The following are details of the refusal of a previous application— 6\* \[*Need not be completed if the previous application was made to an eligible issuing officer who was not a Magistrate and this application is made to a Magistrate.*\] The additional information that I consider justifies the making of this further application is— I seek that a certificate pursuant to clause 14 of the [Law Enforcement (Powers and Responsibilities) Regulation 2016](/view/html/inforce/current/sl-2016-0544) be issued, on the following grounds: \[*Specify grounds*\] Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Eligible applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature*.\] \[*This application may be sworn before the eligible issuing officer to whom the application is made for the issue of the order. Any alterations, deletions or annexures should be initialled or signed by the eligible applicant and witnessed by the justice of the peace.*\] \[\* *Delete if inapplicable*.\] **Warning** It is an offence under section 76AG of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of 100 penalty units or 2 years imprisonment, or both. Note— In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the eligible issuing officer for record purposes as if it were made in person by the eligible applicant but not verified on oath or affirmation or by affidavit. **Part 2 Eligible issuing officer’s record of application for a digital evidence access order** On \[*Date*\] at \[*Time*\], I, the undersigned eligible issuing officer, received this application for a digital evidence access order. > 1 \[*To be completed if the application was made by telephone.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone).*\] and I was/was not\* satisfied that the order was required urgently and it was/was not\* practicable for the application to be made in person. > 2 \[*To be completed if the eligible issuing officer required the eligible applicant to provide further information concerning the grounds on which the order was sought.*\] > \*Further information provided by the eligible applicant, as required by me, is attached. > \*Particulars of further information orally provided by the eligible applicant, as required by me, are as follows: \[*Specify particulars*.\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the order. > \[*4 and 5 are to be completed if the order is issued. 6 is to be completed if the order is not issued.*\] > 4\* The relevant particulars of the grounds on which I relied to justify the issue of the order are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5\* The order was issued at \[*Time*\] on \[*Date*\]. > 6\* The relevant particulars of the grounds on which I relied to justify the refusal to issue the order are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] Eligible issuing officer \[*Print name and insert signature*.\] \[\* *Delete if inapplicable.*\] Note— Return this Form, together with a copy of the order to the Local Court registry at which the order was issued or nearest to the place at which it was issued. Form 34 Application for a DECCD access order **Part 1 Application** On \[*Date*\], I, \[*Name and rank*\] of \[*Place of work*\], apply for a DECCD access order in relation to \[*the person in relation to whom it is proposed the DECCD access order will be issued.*\], the person in relation to whom it is proposed the DECCD access order will be issued (the specified person). I swear/solemnly, sincerely and truly declare and affirm\* that— > 1 I have reasonable grounds for suspecting the specified person is in possession of a device being a DECCD, and > 2 I have reasonable grounds for suspecting the specified person is committing a DECCD offence, and > 3 The making of the DECCD access order will assist law enforcement in determining whether the device is a DECCD, and > 4 The specified person meets the criteria of section 80J of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > 4A I have reasonable grounds to believe the person in relation to whom it is proposed the DECCD access order will be issued is/is not\* under the age of 18 years. > \[*A document signed by a police officer of the rank of Inspector or above authorising the applicant to make the application must be attached to this application if the applicant has reasonable grounds to believe the person in relation to whom it is proposed the DECCD access order will be issued is under the age of 18 years.*\] I rely on the following grounds in support of this application: \[*Insert the reasonable grounds on which the application for the DECCD access order is based. If space is insufficient, continue overleaf or attach a separate sheet.*\] \[*5 and 6 are to be completed if a previous application for the order has been made and refused. Attach a copy of the previous application to this Form.*\] > 5 \* The following are details of the refusal of a previous application— > 6 \* The additional information that I consider justifies the making of this further application is— > 7 I seek that a certificate pursuant to clause 14 of the [Law Enforcement (Powers and Responsibilities) Regulation 2016](/view/html/inforce/current/sl-2016-0544) be issued, on the following grounds: \[*Specify grounds*\] Sworn/declared and affirmed\* before me on \[*Date*\] at \[*Place*\] in the State of New South Wales. Applicant \[*Print name and insert signature.*\] Justice of the Peace \[*Print name and insert signature.*\] \[*This application may be sworn before the magistrate to whom the application is made for the issue of the order. Any alterations, deletions or annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.*\] \[*\* Delete if inapplicable.*\] **Warning** It is an offence under section 76AG of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to give information in this application knowing it is false or misleading in a material particular. The maximum penalty is a fine of 100 penalty units or imprisonment for 2 years, or both. Note— In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the magistrate for record purposes as if it were made in person by the applicant but not verified on oath or affirmation or by affidavit. **Part 2 Magistrate’s record of application for a DECCD access order** On \[*Date*\] at \[*Time*\], I, the undersigned magistrate, received this application for a DECCD access order. > 1 \[*To be completed if the application was made by telephone.*\] > The application was made by \[*Specify how the application was made (eg facsimile, telephone).*\] and I was/was not\* satisfied that the order was required urgently and it was/was not\* practicable for the application to be made in person. > 2 \[*To be completed if the magistrate required the applicant to provide further information concerning the grounds on which the order was sought.*\] > \*Further information provided by the applicant, as required by me, is attached. > \*Particulars of further information orally provided by the applicant, as required by me, are as follows: \[*Specify particulars.*\] > 3 On considering the application I found/did not find\* that there were reasonable grounds for issuing the order. > \[*4 and 5 are to be completed if the order is issued. 6 is to be completed if the order is not issued.*\] > 4\* The relevant particulars of the grounds on which I relied to justify the issue of the order are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] > 5\* The order was issued at \[*Time*\] on \[*Date*\]. > 6\* The relevant particulars of the grounds on which I relied to justify the refusal to issue the order are as follows: \[*Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient, continue overleaf or attach a separate sheet.*\] Magistrate \[*Print name and insert signature.*\] \[*\* Delete if inapplicable.*\] Note— Return this Form, together with a copy of the order to the Local Court registry at which the order was issued or nearest to the place at which it was issued. Form 35 Digital evidence access order clause 6(3) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) \[*Insert the name of the specified person or specify the class of specified persons with particularity*\], the specified person/specified class of persons\* is specified in this digital evidence access order as being subject to a direction under this order. This digital evidence access order expires on \[*Date*\] and must not be used after that time. On \[*Date*\], an eligible issuing officer empowered to grant a digital evidence access order under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), Part 5, Division 4A, Subdivision 3 granted this order authorising any police officer, any member of staff of the Law Enforcement Conduct Commission, a member of staff of the New South Wales Crime Commission or an officer of the Commission under the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066) \[*Delete all that are not applicable*\] to direct the specified person/specified class of persons\* as follows— > 1. to give the officer or member of staff \[*Delete the reference that is not applicable*\] any information or assistance reasonable and necessary to enable the officer or member of staff \[*Delete the reference that is not applicable*\] to access data held in or accessible from \[*Specify the computer with particularity*\], > 2. to give the officer or member of staff \[*Delete the reference that is not applicable*\] any information or assistance reasonable and necessary to allow the officer or member of staff \[*Delete the reference that is not applicable*\] to— > > > (a) copy data from \[*Specify the computer with particularity*\] to another computer, or > > > (b) convert the data into a documentary form or another form intelligible to a computer used by the officer or member of staff \[*Delete the reference that is not applicable*\]. This direction may extend to requiring the specified person/specified class of persons\* to provide reasonable and necessary assistance in accessing data on a computer that is secured by biometric means, for example fingerprints or retina scans. This digital evidence access order is made in connection with \[*Specify warrant type and details*\]. The eligible issuing officer is satisfied there are reasonable grounds for suspecting evidential material is held in, or is accessible from, the computer. The eligible issuing officer is satisfied the specified person is/specified class of persons are\* \[*Delete all that are not applicable*\]— > 1. reasonably suspected of having committed the offence stated in the \[*Specify warrant type*\], and > 2. the owner or lessee of the computer, and > 3. an employee of the owner or lessee of the computer, and > 4. a person engaged under a contract for services by the owner or lessee of the computer, and > 5. a person who uses or has used the computer, and > 6. a person who is or was a system administrator for the system, including the computer. The eligible issuing officer is satisfied the specified person has/specified class of persons have\* relevant knowledge of \[*Delete the reference that is not applicable, if any*\]— > 1. the computer or a computer network of which the computer forms or formed a part, and > 2. measures applied to protect data held in, or accessible from, the computer. This digital evidence access order is subject to the following conditions—\[*Specify conditions.*\] Warnings > 1. \[*Other than in relation to a digital evidence access order issued in connection with a covert search warrant*\] The specified person has/specified class of persons have\* the right to inspect this digital evidence access order. > 2. The specified person/specified class of persons\* must not fail to comply with a direction given by the executing officer, in accordance with the order, as to do so may be a criminal offence. Under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), section 76AO(1)(a), the maximum penalty for failing to comply with a direction given, in accordance with the order, by the executing officer for the order without reasonable excuse is a fine of $11,000 or 5 years imprisonment (or both). > 3. It is an offence under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), section 76AO(1)(b), to, without reasonable excuse, give the executing officer information that is false or misleading in a material particular, unless you inform the executing officer the information is false or misleading. The maximum penalty is a fine of $11,000 or 5 years imprisonment (or both). > 4. It is not a reasonable excuse for the specified person/a person in the specified class of persons\* to fail to comply with the order or a requirement made in accordance with the order on the ground that complying with the order or the requirement would tend to incriminate the person or otherwise expose the person to a penalty. Signed \[*Insert signature.*\] Date \[*\*Delete if inapplicable.*\] \[*The eligible issuing officer should sign and date the warrant and initial any corrections. If a digital evidence access order is issued on an application made by telephone and the eligible applicant was not given the digital evidence access order, the eligible applicant must complete this Form in the terms indicated by the eligible issuing officer and write on the Form the name of the eligible issuing officer and the date and time the order was signed.*\] Form 36 Dedicated encrypted criminal communication device access order (DECCD access order) clause 6(4) ([Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103)) \[*Insert the name of the relevant person*\], the relevant person, is specified in this DECCD access order as being subject to a direction under this order. This DECCD access order expires on \[*Date*\] and must not be used after that time. On \[*Date*\], a Magistrate empowered to grant a DECCD access order under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), Part 5A, Division 4 granted this order authorising a police officer— > 1. to examine \[*Specify the device with particularity*\], and any data accessible from the device, to determine whether the device is a dedicated encrypted criminal communication device, and > 2. to direct the relevant person to give the officer any information or assistance that is reasonable and necessary to enable the officer to access data held in \[*Specify the device with particularity*\]. This direction may extend to requiring the relevant person to provide reasonable and necessary assistance in accessing data on a computer that is secured by biometric means, for example fingerprints or retina scans. The Magistrate is satisfied there are reasonable grounds for suspecting that the relevant person is in possession of a device suspected of being a dedicated encrypted criminal communication device and is committing an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 192P(1). The Magistrate considers the making of this DECCD access order will assist law enforcement in determining whether the device is a dedicated encrypted criminal communication device. This DECCD access order is subject to the following conditions—\[*Specify conditions.*\] Warnings > 1. The relevant person has the right to inspect this DECCD access order. > 2. The relevant person must not fail to comply with a direction given by the officer in accordance with the order as to do so may be a criminal offence. Under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), section 80O(1)(a), the maximum penalty for failing to comply with a direction given by the officer, in accordance with the order, without reasonable excuse is a fine of $11,000 or 5 years imprisonment, or both. > 3. It is an offence under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), section 80O(1)(b), to, without reasonable excuse, give the officer information that is false or misleading in a material particular, unless the relevant person informs the officer the information is false or misleading. The maximum penalty is a fine of $11,000 or 5 years imprisonment, or both. > 4. It is not a reasonable excuse to fail to comply with the order or a requirement made in accordance with the order on the ground that complying with the order or the requirement would tend to incriminate the relevant person or otherwise expose the relevant person to a penalty. Signed \[*Insert signature.*\] Date \[*The Magistrate should sign and date the warrant and initial any corrections. If a DECCD access order is issued on an application made by telephone and the applicant was not given the DECCD access order, the applicant must complete this Form in the terms indicated by the Magistrate and write on the Form the name of the Magistrate and the date and time the order was signed.*\] **sch 1:** Am 2016 No 61, Sch 6.33; 2018 No 29, Sch 2.11; 2019 No 10, Sch 1.16\[4\] \[5\]; 2022 No 46, Sch 4.2\[4\]; 2022 No 47, Sch 2\[9\]; 2023 (29), Sch 1\[8\]–\[23\].