Section 150 - Rail Safety National Law (NSW) - Search warrants

150Search warrants

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150 Search warrants

(1) A rail safety officer may apply to an authorised officer for a search warrant for a place.

(2) Subject to subsection (6), the application must be sworn and state the grounds on which the warrant is sought.

(3) The authorised officer may refuse to consider the application until the rail safety officer gives the authorised officer all the information the authorised officer requires about the application in the way the authorised officer requires.

Example.

The authorised officer may require additional information supporting the application to be given by statutory declaration.

(4) The authorised officer may issue a search warrant only if the authorised officer is satisfied there are reasonable grounds for suspecting—

(a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Law; and

(b) the evidence is, or may be within the next 72 hours, at the place.

(5) Subject to subsection (6), the search warrant must state—

(a) that a stated rail safety officer may, with necessary and reasonable help and force, enter the place and exercise the powers of the rail safety officer; and

(b) the offence for which the search warrant is sought; and

(c) the evidence that may be seized under the search warrant; and

(d) the hours of the day or night when the place may be entered; and

(e) the date, within 7 days after the search warrant’s issue, the search warrant ends.

(6) A rail safety officer may apply to an authorised officer for a search warrant by telephone, fax or other prescribed means if the rail safety officer considers the urgency of the situation requires it and, in such a case, the following provisions will apply—

(a) the authorised officer may complete and sign the warrant without the provision of sworn evidence and without a written application that states the grounds on which the warrant is sought if the authorised officer is satisfied that there are reasonable grounds for issuing the warrant urgently;