sec.179JApplying for missing person warrant

### sec.179J Applying for missing person warrant A police officer may apply to a Supreme Court judge or a magistrate for a warrant (a missing person warrant ) to— establish a missing person scene; or confirm a missing person scene established under section 179E . However, the police officer may only apply for a warrant to establish a missing person scene if authorised to do so by a commissioned officer. The application must— be sworn and state the grounds on which it is sought; and include the information required under the responsibilities code. A police officer must, if reasonably practicable, give notice of the making of the application to the occupier of the place. Subsection (4) does not apply if the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation to which the application relates. If present when the application is made, the occupier may make submissions to the judge or magistrate (the issuer ), but not submissions that will unduly delay the consideration of the application. 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 179J ins 2018 No. 20 s 27 (sec.179J-ssec.1) A police officer may apply to a Supreme Court judge or a magistrate for a warrant (a missing person warrant ) to— establish a missing person scene; or confirm a missing person scene established under section 179E . (sec.179J-ssec.2) However, the police officer may only apply for a warrant to establish a missing person scene if authorised to do so by a commissioned officer. (sec.179J-ssec.3) The application must— be sworn and state the grounds on which it is sought; and include the information required under the responsibilities code. (sec.179J-ssec.4) A police officer must, if reasonably practicable, give notice of the making of the application to the occupier of the place. (sec.179J-ssec.5) Subsection (4) does not apply if the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation to which the application relates. (sec.179J-ssec.6) If present when the application is made, the occupier may make submissions to the judge or magistrate (the issuer ), but not submissions that will unduly delay the consideration of the application. (sec.179J-ssec.7) 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) establish a missing person scene; or - (b) confirm a missing person scene established under section 179E . - (a) be sworn and state the grounds on which it is sought; and - (b) include the information required under the responsibilities code.