38DContent of warrants

#### 38D Content of warrants (1) If the Magistrate or eligible Judge issues a search warrant, the Magistrate or Judge is to state in the warrant: (a) the purpose for which it is issued, including a reference to the nature of the criminal matter to which the relevant proceeding or investigation relates; and (b) a description of the premises to which the warrant relates or the name or description of the person to whom it relates; and (c) a description of the evidential material that is to be searched for and seized under the warrant; and (d) the name of the police officer who, unless he or she inserts the name of another police officer in the warrant, is to be responsible for executing the warrant; and (e) the period for which the warrant remains in force, which must not be more than: (i) in the case of a warrant issued on an application by telephone, telex, fax or other electronic means as provided by section 38H—48 hours; or (ii) in any other case—7 days; and (f) whether the warrant may be executed at any time or only during particular hours. (2) Paragraph (1)(e) does not prevent the issue of successive warrants in relation to the same premises or person. (3) If the warrant relates to premises, the Magistrate or eligible Judge is also to state in the warrant: (a) that the warrant authorises the seizure of any thing (other than the evidential material referred to in paragraph (1)(c)) found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be: (i) evidential material relating to the relevant proceeding or investigation; or (ii) a thing relevant to an indictable offence against an Australian law; if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an indictable offence against an Australian law; and (b) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or an officer assisting suspects on reasonable grounds that the person has in his or her possession any evidential material relating to the relevant proceeding or investigation or any seizable items. (4) If the warrant relates to a person, the Magistrate or eligible Judge is also to state in the warrant: (a) the kind of search (ordinary or frisk) of the person that the warrant authorises; and (b) that the warrant authorises the seizure of any thing (other than the evidential material referred to in paragraph (1)(c)) found, in the course of the search, in the possession of the person or in or on a vehicle recently used by the person, being a thing that the executing officer or an officer assisting believes on reasonable grounds to be: (i) evidential material relating to the relevant proceeding or investigation; or (ii) a thing relevant to an indictable offence against an Australian law; if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an indictable offence against an Australian law.