363Offence-related searches and seizures

##### 363 Offence-related searches and seizures (1) Where an inspector has reasonable grounds for suspecting that there may be on or in any premises a particular thing that may afford evidence as to the commission of an offence to which this section applies, the inspector may: (a) with the consent of the occupier of the premises; or (b) under a warrant issued under subsection (2); enter the premises and: (c) search the premises for the thing; and (d) if the inspector finds the thing on or in the premises—seize the thing. (2) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be on or in any premises a particular thing that may afford evidence as to the commission of an offence to which this section applies and the information sets out those grounds, the Magistrate may issue a search warrant in accordance with the form prescribed for the purposes of this subsection authorising an inspector named in the warrant, with such assistance, and by such force, as are necessary and reasonable, to enter the premises and exercise the powers referred to in paragraphs (1)(c) and (d) in respect of the thing. (3) A Magistrate must not issue a warrant under subsection (2) unless: (a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant. (4) There must be stated in a warrant issued under subsection (2): (a) the purpose for which the warrant is issued, and the nature of the offence in relation to which the entry, search and seizure are authorised; and (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) a description of the kind of things to be seized; and (d) a day, not being later than one week after the day of issue of the warrant, upon which the warrant ceases to have effect. (5) If, in the course of searching, under a warrant issued under this section, for a particular thing in relation to a particular offence, an inspector finds a thing that the inspector believes, on reasonable grounds, to be: (a) a thing that will afford evidence as to the commission of the offence, although not the thing specified in the warrant; or (b) a thing that will afford evidence as to the commission of another offence to which this section applies; and the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is taken to authorise the inspector to seize that thing. (6) Where an inspector seizes any thing under this section, the inspector may retain the thing until the end of 60 days after the seizure or, if proceedings for an offence to which this section applies in respect of which the thing may afford evidence are brought within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are completed. (7) AUSTEL may authorise any thing seized under this section to be released to the owner, or to the person from whom the thing was seized, either unconditionally or on such conditions as AUSTEL thinks fit. (8) In this section: > offence to which this section applies means: (a) an offence against Division 6 or 7 of Part 12; or (b) an offence against: (i) section 6, 7 or 7A of the Crimes Act 1914; or (ii) subsection 86(1) of that Act by virtue of paragraph (a) of that subsection; being an offence that relates to an offence against Division 6 or 7 of Part 12.