sec.150Search warrant application

### sec.150 Search warrant application A police officer may apply for a warrant to enter and search a place (a search warrant )— to obtain evidence of the commission of an offence; or to obtain evidence that may be confiscation related evidence; or to find a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 ; or to find control order property; or if the place is premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—to find prohibited items at the place. The application may be made to any justice, unless the application must be made to a magistrate or Supreme Court judge under subsection (3) or (4) . Unless the application must be made to a Supreme Court judge under subsection (4) , the application must be made to a magistrate if the thing to be sought under the proposed warrant is— evidence of the commission of an offence only because— it is a thing that may be liable to forfeiture or is forfeited; or it may be used in evidence for a forfeiture proceeding; or it is a property tracking document; or evidence of the commission of an indictable offence committed in another State that, if it were committed in Queensland, would be an indictable offence in Queensland; or confiscation related evidence; or control order property; or The search may be for evidence for which an application for a restraining order may be made under chapter 2 or chapter 3 of the Confiscation Act . a prohibited item. The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building. An application under this section must— be sworn and state the grounds on which the warrant is sought; and include information required under the responsibilities code about any search warrants issued within the previous year in relation to— for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or for another application— the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or the confiscation related activity to which the application relates. Subsection (5) (b) applies only to— information kept in a register that the police officer may inspect; and information the officer otherwise actually knows. The justice, magistrate or judge (the issuer ) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration. s 150 amd 2002 No. 68 s 318 ; 2005 No. 64 s 16 ; 2006 No. 26 s 3 sch 1 ; 2009 No. 53 s 162 ; 2013 No. 21 s 67 ; 2013 No. 45 s 61 ; 2013 No. 15 s 80 sch ; 2016 No. 62 ss 301 , 319 (sec.150-ssec.1) A police officer may apply for a warrant to enter and search a place (a search warrant )— to obtain evidence of the commission of an offence; or to obtain evidence that may be confiscation related evidence; or to find a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 ; or to find control order property; or if the place is premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—to find prohibited items at the place. (sec.150-ssec.2) The application may be made to any justice, unless the application must be made to a magistrate or Supreme Court judge under subsection (3) or (4) . (sec.150-ssec.3) Unless the application must be made to a Supreme Court judge under subsection (4) , the application must be made to a magistrate if the thing to be sought under the proposed warrant is— evidence of the commission of an offence only because— it is a thing that may be liable to forfeiture or is forfeited; or it may be used in evidence for a forfeiture proceeding; or it is a property tracking document; or evidence of the commission of an indictable offence committed in another State that, if it were committed in Queensland, would be an indictable offence in Queensland; or confiscation related evidence; or control order property; or The search may be for evidence for which an application for a restraining order may be made under chapter 2 or chapter 3 of the Confiscation Act . a prohibited item. (sec.150-ssec.4) The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building. (sec.150-ssec.5) An application under this section must— be sworn and state the grounds on which the warrant is sought; and include information required under the responsibilities code about any search warrants issued within the previous year in relation to— for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or for another application— the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or the confiscation related activity to which the application relates. (sec.150-ssec.6) Subsection (5) (b) applies only to— information kept in a register that the police officer may inspect; and information the officer otherwise actually knows. (sec.150-ssec.7) The justice, magistrate or judge (the issuer ) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration. - (a) to obtain evidence of the commission of an offence; or - (b) to obtain evidence that may be confiscation related evidence; or - (c) to find a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 ; or - (d) to find control order property; or - (e) if the place is premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—to find prohibited items at the place. - (a) evidence of the commission of an offence only because— (i) it is a thing that may be liable to forfeiture or is forfeited; or (ii) it may be used in evidence for a forfeiture proceeding; or (iii) it is a property tracking document; or - (i) it is a thing that may be liable to forfeiture or is forfeited; or - (ii) it may be used in evidence for a forfeiture proceeding; or - (iii) it is a property tracking document; or - (b) evidence of the commission of an indictable offence committed in another State that, if it were committed in Queensland, would be an indictable offence in Queensland; or - (c) confiscation related evidence; or - (d) control order property; or Example for paragraph (a) (ii) — The search may be for evidence for which an application for a restraining order may be made under chapter 2 or chapter 3 of the Confiscation Act . - (e) a prohibited item. - (i) it is a thing that may be liable to forfeiture or is forfeited; or - (ii) it may be used in evidence for a forfeiture proceeding; or - (iii) it is a property tracking document; or - (a) be sworn and state the grounds on which the warrant is sought; and - (b) include information required under the responsibilities code about any search warrants issued within the previous year in relation to— (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or (ii) for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or (iii) for another application— (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or (B) the confiscation related activity to which the application relates. - (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or - (ii) for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or - (iii) for another application— (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or (B) the confiscation related activity to which the application relates. - (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or - (B) the confiscation related activity to which the application relates. - (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or - (ii) for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or - (iii) for another application— (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or (B) the confiscation related activity to which the application relates. - (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or - (B) the confiscation related activity to which the application relates. - (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or - (B) the confiscation related activity to which the application relates. - (a) information kept in a register that the police officer may inspect; and - (b) information the officer otherwise actually knows.