sch.11-sec.4Applications for post-search approval orders— Act , s 161

sch.11-sec.4 Applications for post-search approval orders— Act , s 161

This section sets out the responsibilities of a police officer who applies for a post-search approval order under section 161 (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 161 (2) of the Act — the time, date and place of the search; and in relation to a thing sought during the search that is suspected to be evidence of the commission of a part 2 offence— the nature of the thing; and a description of the part 2 offence; and if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and the information or evidence being relied on to support the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ; a description of anything seized during the search; the name, age and address of each person detained or searched during the search, if known; information about any proceeding started against a person, before or because of the search, for a part 2 offence forming part of the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ; if a person has applied for an order under section 693 or 694 of the Act in relation to a thing seized during the search—why the order should be made. (sch.11-sec.4-ssec.1) This section sets out the responsibilities of a police officer who applies for a post-search approval order under section 161 (1) of the Act . (sch.11-sec.4-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 161 (2) of the Act — the time, date and place of the search; and in relation to a thing sought during the search that is suspected to be evidence of the commission of a part 2 offence— the nature of the thing; and a description of the part 2 offence; and if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and the information or evidence being relied on to support the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ; a description of anything seized during the search; the name, age and address of each person detained or searched during the search, if known; information about any proceeding started against a person, before or because of the search, for a part 2 offence forming part of the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ; if a person has applied for an order under section 693 or 694 of the Act in relation to a thing seized during the search—why the order should be made.

• (a) the officer’s name, rank, registered number and station;
• (b) as part of the information required under section 161 (2) of the Act — (i) the time, date and place of the search; and (ii) in relation to a thing sought during the search that is suspected to be evidence of the commission of a part 2 offence— (A) the nature of the thing; and (B) a description of the part 2 offence; and (C) if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and (iii) the information or evidence being relied on to support the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ;