154Warrants to search premises

154 Warrants to search premises

S. 154(1) amended by No. 37/2014 s. 10(Sch. item 131.7(a)).

(1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the police officer believes on reasonable grounds that an offence against this Act or the regulations is being or is about to be committed.

S. 154(2) amended by Nos 37/2014 s. 10(Sch. item 131.7(b)), 6/2018 s. 68(Sch. 2 item 101).

(2) If the magistrate is satisfied by the evidence on oath or affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that an offence against this Act or the regulations is being or is about to be committed, the magistrate may issue a search warrant authorising the police officer named in the warrant and any assistants the police officer considers necessary—

(a) to enter the premises named or described in the warrant; and

(b) to search for and seize any evidence of the offence named or described in the warrant.

(3) In addition to any other requirement, a search warrant issued under this section must state—

(a) the offence suspected; and

(b) the premises to be searched; and

(c) a description of the evidence to be searched for; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be at any time or during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the prescribed form under that Act.

(5) The rules to be observed with respect to search warrants set out by or under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

(6) A person executing a warrant under this section must prepare a list of any evidence seized under this section and must give a copy of the list or record of the evidence so seized to the occupier of the premises.