227Contents of warrants

227 Contents of warrants

(1) A *search warrant must state: (a) the nature of the property in respect of which action has been or could be taken under this Act; and (b) the nature of that action; and (c) a description of the *premises to which the warrant relates; and (d) the kinds of *tainted property or *evidential material that is to be searched for under the warrant; and (e) the name of the *authorised officer who is responsible for executing the warrant, unless he or she inserts the name of another authorised officer in the warrant; and (f) the time at which the warrant expires (see subsection (2)); and (g) whether the warrant may be executed at any time or only during particular hours; and (h) that the warrant authorises the seizure of other things found at the premises in the course of the search that the *executing officer or a *person assisting believes on reasonable grounds to be: (i) tainted property to which the warrant relates; or (ii) evidential material in relation to property to which the warrant relates; or (iii) evidential material (within the meaning of the Crimes Act 1914) relating to an *indictable offence; if he or she believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and (haa) that the warrant authorises the *seizure of a *digital asset if paragraphs 228A(1)(a) to (c) are satisfied; and (ha) that the warrant authorises the seizure of other things found at the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds to be *things relevant to unexplained wealth proceedings; and (i) whether the warrant authorises an *ordinary search or a *frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or a person assisting reasonably suspects that the person has any tainted property or evidential material in his or her possession.

Note: The power to seize a digital asset under the warrant and certain other powers may be exercised after the warrant expires: see subsection 228A(8).

(2) The time stated in the *search warrant under paragraph (1)(f) as the time at which the warrant expires must be a time that is not later than: (a) if the application for the warrant is made under section 229 (telephone warrants)—48 hours after the warrant is issued; or (b) otherwise, a time that is not later than the end of the seventh day after the day on which the warrant is issued.

Note: Example: If a warrant is issued at 3 pm on a Monday, the expiry time specified must not be later than midnight on Monday in the following week.

(3) Paragraph (1)(f) does not prevent the issue of successive *search warrants in relation to the same *premises.