Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Historical version for 1 July 2011 to 29 September 2011 (accessed 26 November 2014 at 16:16) Current version
Part 5Division 2

Division 2 Police and other law enforcement officers’ powers relating to warrants

47   Power to apply for search warrants

(cf Search Warrants Act 1985 s 5, Crimes Act 1900, ss 357EA, 578D, former LEPRA, s 47)

(1)  A police officer may apply to an eligible issuing officer for a search warrant (other than a criminal organisation search warrant) in respect of any premises if the police officer believes on reasonable grounds that there is, or within 72 hours will be, in or on the premises a thing connected with a searchable offence in relation to the warrant.
(2)  Without limiting subsection (1), a police officer may apply to an eligible issuing officer for a search warrant if the police officer believes on reasonable grounds that a child prostitution offence has recently been committed, is being committed, or within 72 hours will be committed, on or with respect to premises.
(3)  An eligible applicant may apply to an eligible issuing officer for a covert search warrant to authorise the covert entry and search of premises if the eligible applicant:
(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 a searchable offence in relation to the warrant, 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.
(3A)  An eligible applicant may apply to an eligible issuing officer for a criminal organisation search warrant in respect of premises if the eligible applicant has reasonable grounds to suspect that there is, or within 7 days there will be, in or on the premises a thing connected with a searchable offence in relation to the warrant.
(4)  To avoid doubt, an application may be made under this section with respect to an act or omission that would be a searchable offence for the warrant if done, or omitted to be done, in New South Wales even though the act or omission occurred outside New South Wales and was not an offence against the law of New South Wales.
(5)  In this section:

child prostitution offence means an offence under section 91D, 91E, 91F or 91G of the Crimes Act 1900.

47A   General authority conferred by search warrants

(cf former LEPRA, s 48)

(1)  A search warrant authorises any executing officer for the warrant:
(a)  to enter the subject premises, and
(b)  to search the premises for things connected with a particular searchable offence in relation to the warrant.
Note. Section 67 requires that an occupier of the premises entered under a search warrant (other than a covert search warrant) be given notice on entry or as soon as practicable afterwards. Notice under a covert search warrant is not required to be given to the occupier on entry—see section 67A which permits the deferral of the giving of notice for up to 3 years in total in specified circumstances.
(2)  If the search warrant is a covert search warrant, the executing officer is also authorised:
(a)  to conduct the entry and search of the subject premises without the knowledge of any occupier of the subject premises, and
(b)  if necessary to do so to enter and search the subject premises—to enter premises adjoining or providing access to the subject premises (adjacent premises) without the knowledge of the occupier of the adjacent premises, and
(c)  to impersonate another person for the purposes of executing the warrant, and
(d)  to do anything else that is reasonable for the purpose of concealing anything done in the execution of the warrant from the occupier of the premises.
Note. Other sections of this Act authorise other things to be done under search warrants.

48   Issue of search warrants

(cf Search Warrants Act 1985, s 6, Crimes Act 1900, s 357EA, former LEPRA, s 48)

(1)  An eligible issuing officer to whom an application for a search warrant is made under section 47 may, if satisfied that there are reasonable grounds for doing so, issue the search warrant.
Note. See section 62 (3) in relation to matters to be considered by an eligible issuing officer in determining whether there are reasonable grounds to issue a warrant.
(2)  An eligible issuing officer to whom an application is made for a covert search warrant who is not satisfied that there are reasonable grounds for issuing the covert search warrant may, at the request of the eligible applicant (if the eligible applicant is a police officer), instead issue a search warrant that may not be executed covertly, but only if satisfied that there are reasonable grounds to do so.

49   Seizure of things pursuant to search warrant

(cf Search Warrants Act 1985, s 7, former LEPRA, s 49)

(1)  A person executing a search warrant issued under this Division:
(a)  may seize and detain a thing (or thing of a kind) mentioned in the warrant, and
(b)  may, in addition, seize and detain any other thing that the person finds in the course of executing the warrant and that the person has reasonable grounds to believe is connected with any offence.
(2)  Without limiting subsection (1), the power to seize and detain a thing includes:
(a)  a power to remove the thing from the premises where it is found, and
(b)  a power to guard the thing in or on those premises, and
(c)  if it is a covert search warrant that authorises the placing of a kind of thing in substitution for a seized thing—a power to place a thing of that kind on the subject premises in substitution for a thing seized.
Note. For the disposal of things seized pursuant to a search warrant, see Division 2 of Part 17.

49A   Return or retrieval of thing seized or placed

(1)  A covert search warrant may authorise the return of a thing seized under section 49 (1) (a), or the retrieval of a thing placed under section 49 (2) (c), if the warrant expressly authorises such a return or retrieval.
(2)  If the covert search warrant authorises the return or retrieval of a thing, the subject premises may be re-entered by an executing officer, but only for the purpose of returning or retrieving the thing (as the case may be).
(3)  Any re-entry to return or retrieve a thing must occur within 7 days of the first entry under the covert search warrant (or such longer period as is allowed, prior to the expiration of the 7-day period, by an eligible issuing officer).
(4)  An executing officer authorised to re-enter premises and return or retrieve a thing under this section may do so with the aid of such assistants as the executing officer considers necessary.

50   Search of persons pursuant to warrant

(cf Search Warrants Act 1985, s 8, former LEPRA, s 50)

A person executing a search warrant issued under this Division may search any person found in or on the premises whom the person executing the warrant reasonably suspects of having a thing mentioned in the warrant.
Notes. 

1   Under sections 99 and 100 a police officer or other person may arrest and take before an authorised officer to be dealt with according to law any person found in or on the premises whom the police officer or other person suspects on reasonable grounds of having committed an offence.

2   Division 4 of Part 4 contains provisions generally applicable to searches of persons.

51   Inquiries pursuant to warrant related to child prostitution offences

Without limiting any other powers under this Division, a person executing a search warrant issued under this Division in relation to an offence under section 91D, 91E, 91F or 91G of the Crimes Act 1900 may make in the premises the subject of the warrant inquiries relating to any such offence.

52   Obstruction or hindrance of person executing warrant

(cf Search Warrants Act 1985, s 9)

A person must not, without reasonable excuse, obstruct or hinder a person executing a warrant issued under this Division.

Maximum penalty: 100 penalty units or 2 years imprisonment, or both.

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