sch.11-sec.3Applications for search warrants— Act , s 150

sch.11-sec.3 Applications for search warrants— Act , s 150

This section sets out the responsibilities of a police officer who applies for a search warrant under section 150 (1) of the Act . The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 150 (5) (a) of the Act — a description of the place (the relevant place ) to be entered and searched; and if the relevant place is occupied—the name of the occupier of the relevant place, if known; and a description of the nature of the thing to be sought under the proposed warrant; and if a thing to be sought under the proposed warrant is, or may be, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and the name, if known, of any person suspected of being involved in the offence, suspected offence or confiscation related activity mentioned in subparagraph (iv) ; and if a thing to be sought under the proposed warrant is, or may be, a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 of the Act —particulars of the authorisation to impound or immobilise the vehicle; and if a thing to be sought under the proposed warrant is, or may be, a prohibited item—the disorderly activities reasonably believed to have taken place and are likely to take place again at the relevant place; and the information or evidence being relied on to support a reasonable suspicion mentioned in section 151 (a) of the Act ; and if the proposed warrant relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding; for each search warrant (a previous search warrant ) issued in the previous year in relation to the relevant place or a relevant person— when and where the previous search warrant was issued; and if a thing sought under the previous search warrant was, or could have been, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and whether anything was seized under the previous search warrant or a proceeding relating to the previous search warrant was started. If the proposed warrant will authorise a search warrant power mentioned in section 157 (2) of the Act , the police officer must, in the application, also state the reasons why it is necessary for the proposed warrant to authorise the search warrant power. If the proposed warrant is to be, or may be, executed at night, the police officer must, in the application, also state the reasons why it is necessary to execute the warrant at night. If the proposed warrant will order a person in possession of documents at the relevant place to give a police officer all documents of a type stated in the warrant, the police officer must also state in the application— the name or position of the person; and a description of the documents. In this section— relevant person , in relation to an application for a search warrant, means a person suspected of being involved in the commission of the offence or suspected offence, or the confiscation related activity, to which the application relates. (sch.11-sec.3-ssec.1) This section sets out the responsibilities of a police officer who applies for a search warrant under section 150 (1) of the Act . (sch.11-sec.3-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 150 (5) (a) of the Act — a description of the place (the relevant place ) to be entered and searched; and if the relevant place is occupied—the name of the occupier of the relevant place, if known; and a description of the nature of the thing to be sought under the proposed warrant; and if a thing to be sought under the proposed warrant is, or may be, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and the name, if known, of any person suspected of being involved in the offence, suspected offence or confiscation related activity mentioned in subparagraph (iv) ; and if a thing to be sought under the proposed warrant is, or may be, a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 of the Act —particulars of the authorisation to impound or immobilise the vehicle; and if a thing to be sought under the proposed warrant is, or may be, a prohibited item—the disorderly activities reasonably believed to have taken place and are likely to take place again at the relevant place; and the information or evidence being relied on to support a reasonable suspicion mentioned in section 151 (a) of the Act ; and if the proposed warrant relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding; for each search warrant (a previous search warrant ) issued in the previous year in relation to the relevant place or a relevant person— when and where the previous search warrant was issued; and if a thing sought under the previous search warrant was, or could have been, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and whether anything was seized under the previous search warrant or a proceeding relating to the previous search warrant was started. (sch.11-sec.3-ssec.3) If the proposed warrant will authorise a search warrant power mentioned in section 157 (2) of the Act , the police officer must, in the application, also state the reasons why it is necessary for the proposed warrant to authorise the search warrant power. (sch.11-sec.3-ssec.4) If the proposed warrant is to be, or may be, executed at night, the police officer must, in the application, also state the reasons why it is necessary to execute the warrant at night. (sch.11-sec.3-ssec.5) If the proposed warrant will order a person in possession of documents at the relevant place to give a police officer all documents of a type stated in the warrant, the police officer must also state in the application— the name or position of the person; and a description of the documents. (sch.11-sec.3-ssec.6) In this section— relevant person , in relation to an application for a search warrant, means a person suspected of being involved in the commission of the offence or suspected offence, or the confiscation related activity, to which the application relates.