Division 1(1) In this Part:adjoining occupier’s notice means a notice referred to in section 67B.
eligible applicant, for a search warrant, means:
(a) any police officer, or(b) if it is a covert search warrant—any person authorised to apply for such a warrant under section 46C, or(c) if it is a criminal organisation search warrant—a police officer authorised to apply for such a warrant under section 46D.eligible issuing officer means:
(a) for a warrant other than a covert search warrant or a criminal organisation search warrant—an authorised officer, or(b) for a covert search warrant or a criminal organisation search warrant—an eligible Judge, or(c) for a notice to produce issued under Division 3—an authorised officer.eligible Judge—see section 46B.
executing officer means:
(a) for a warrant other than a covert search warrant—any police officer, or(b) for a covert search warrant:(i) any police officer, or(ii) any member of staff of the Police Integrity Commission if the applicant for the warrant was authorised to make the application under section 46C (1) (b), or(iii) any member of staff of the New South Wales Crime Commission if the applicant for the warrant was authorised to make the application under section 46C (1) (c).indictable offence includes any act or omission which if done, or omitted to be done, in New South Wales would constitute an offence punishable on indictment.
occupier’s notice means an occupier’s notice referred to in section 67.
organised criminal activity—see section 46AA.
searchable offence—see section 46A.
subject premises, in relation to a warrant or an application for a warrant, means premises the subject of the warrant or the application (as the case may be).
telephone crime scene warrant means a crime scene warrant that is a telephone warrant.
telephone warrant means a warrant applied for by telephone as provided by section 61.
(2) A reference in this Part to an offence includes a reference to an offence that there are reasonable grounds for believing has been, is being, or is to be, committed (as the case requires).(3) For the purposes of this Part, a thing is connected with a particular offence if it is:(a) a thing with respect to which the offence has been committed, or(b) a thing that will provide evidence of the commission of the offence, or(c) a thing that was used, or is intended to be used, in or in connection with the commission of the offence.(4) Nothing in this Part applies to or in respect of, or affects the exercise of any power under, a covert search warrant issued under the Terrorism (Police Powers) Act 2002.
46AA Organised criminal activity
(1) In this Part:organised criminal activity means any activity that:
(a) is carried out on an organised basis, and(b) is carried out to advance any one or more of the following objectives:(i) obtaining material benefits from conduct constituting a serious indictable offence,(ii) obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence,(iii) committing serious violence offences,(iv) engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violence offence.serious violence offence means an offence punishable by imprisonment for life or for a term of 10 years or more, where the conduct constituting the offence involves:
(a) loss of a person’s life or serious risk of loss of a person’s life, or(b) serious injury to a person or serious risk of serious injury to a person, or(c) serious damage to property in circumstances endangering the safety of any person, or(d) perverting the course of justice (within the meaning of Part 7 of the Crimes Act 1900) in relation to any conduct that, if proved, would constitute a serious violence offence as referred to in paragraph (a), (b) or (c).(2) For the purposes of this section, an activity is carried out on an organised basis if it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant.
(cf former LEPRA, s 47 (1))
(1) For the purposes of this Part, searchable offence in relation to a warrant:(a) means any of the following:(i) an indictable offence,(ii) a firearms or prohibited weapons offence,(iii) a narcotics offence,(iv) a child abuse material offence,(v) an offence involving a thing being stolen or otherwise unlawfully obtained, and(b) if the warrant is a covert search warrant—means a serious offence, and(c) if the warrant is a criminal organisation search warrant—means an organised crime offence.(2) In subsection (1):child abuse material offence means an offence under section 91H or 578C of the Crimes Act 1900.
firearms or prohibited weapons offence means an offence under the Firearms Act 1996, the Weapons Prohibition Act 1998 or a regulation made under either of those Acts, being an offence committed in respect of a firearm, an imitation firearm or a prohibited weapon within the meaning of those Acts.
narcotics offence means:
(a) an offence under the Poisons and Therapeutic Goods Act 1966, or a regulation made under that Act, being an offence committed in respect of:(i) a restricted substance prescribed for the purposes of section 16 of that Act, or(ii) a drug of addiction within the meaning of that Act, or(b) an offence under the Drug Misuse and Trafficking Act 1985 or a regulation made under that Act.organised crime offence means any serious indictable offence arising from, or occurring as a result of, organised criminal activity.
serious offence means the following:
(a) any indictable offence punishable by imprisonment for a period of 7 or more years and that involves the following:(i) the supply, manufacture or cultivation of drugs or prohibited plants,(ii) the possession, manufacture or sale of firearms within the meaning of the Firearms Act 1996,(iii) money laundering,Note. For example, section 193B of the Crimes Act 1900.(iv) car and boat rebirthing activities,Note. For example, section 154G of the Crimes Act 1900.(v) the unauthorised access to, or modification or impairment of, computer data or electronic communications,(vi) an activity involving theft carried out on an organised basis,(vii) violence causing grievous bodily harm or wounding,(viii) the possession, manufacture or supply of false instruments,(ix) corruption,(x) destruction of property,(xi) homicide,(xii) kidnapping,(b) any offence under Division 10 (Offences in the nature of rape, offences relating to other acts of sexual assault etc) of Part 3 of the Crimes Act 1900 punishable by imprisonment for a period of 7 or more years,(c) an offence under section 80D (Causing sexual servitude) or 80E (Conduct of business involving sexual servitude) of the Crimes Act 1900,(d) an offence under section 93FA (Possession, supply or making of explosives) of the Crimes Act 1900,(e) an offence under Division 15 (Child prostitution) or 15A (Child pornography) of Part 3 of the Crimes Act 1900,(f) an offence under section 308F (Possession of data with intent to commit serious computer offence) or 308G (Producing, supplying or obtaining data with intent to commit serious computer offence) of the Crimes Act 1900,(g) an offence of attempting to commit, or of conspiracy or incitement to commit, or of aiding or abetting, an offence referred to in paragraphs (a)–(f).(3) For the purposes of this section, an activity involving theft is carried out on an organised basis if:(a) it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant, and(b) it is carried out for profit or gain.
(1) In this Part:eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.
(2) A Judge of the Supreme Court may, by instrument in writing, consent to be nominated by the Attorney General under subsection (3).(3) The Attorney General may, by instrument in writing, declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Part.(4) An eligible Judge has, in relation to the exercise of a function conferred on the eligible Judge by this Part, the same protection and immunity as a Judge of the Supreme Court has in relation to proceedings in the Supreme Court.(5) A Judge who has given consent under this section may, by instrument in writing, revoke the consent.(6) A declaration of an eligible Judge under subsection (3) cannot be revoked by the Attorney General. However, the declaration of a Judge as an eligible Judge is revoked if:(a) the eligible Judge revokes his or her consent in accordance with subsection (5) or ceases to be a Judge, or(b) the Chief Justice notifies the Attorney General that the Judge should not continue to be an eligible Judge.(7) To avoid doubt, the selection of the eligible Judge to exercise any particular function conferred on eligible Judges is not to be made by the Attorney General or other Minister of the Crown, and the exercise of that particular function is not subject to the control and direction of the Attorney General or other Minister of the Crown.
46C Authority to apply for covert search warrant
(1) The following persons are authorised to apply for a covert search warrant:(a) a police officer authorised to make the application by a police officer holding the rank of Superintendent or above,(b) the Commissioner or an Assistant Commissioner for the Police Integrity Commission or a member of staff of the Police Integrity Commission authorised to make the application by the Commissioner or an Assistant Commissioner,(c) the Commissioner or an Assistant Commissioner for the New South Wales Crime Commission or a member of staff of the New South Wales Crime Commission authorised to make the application by the Commissioner or an Assistant Commissioner.(2) An authorisation to apply for a covert search warrant in respect of a searchable offence may be given in accordance with this section if the person giving the authorisation:(a) suspects on reasonable grounds that there is, or within 10 days will be, in or on the premises a thing of a kind connected with the searchable offence, and(b) considers that it is necessary for the entry and search of those premises to be conducted without the knowledge of any occupier of the premises.
46D Authority to apply for criminal organisation search warrant
(1) An application for a criminal organisation search warrant may be made by a police officer authorised to make the application by a police officer holding the rank of Superintendent or above.(2) An authorisation to apply for a criminal organisation search warrant in respect of a searchable offence may be given in accordance with this section if the person giving the authorisation suspects on reasonable grounds that there is, or within 7 days there will be, in or on the premises a thing of a kind connected with the searchable offence.