Terrorism (Police Powers) Act 2002 No 115
Current version for 1 November 2014 to date (accessed 27 November 2014 at 07:15)
Part 3Division 4Section 27U

27U   Notice to occupiers of execution of covert search warrant

(1)  A person who executes a covert search warrant is to cause an occupier’s notice to be prepared under this section.
(2)  The occupier’s notice:
(a)  is to specify the name of the person who applied for the warrant, and
(b)  is to specify the name of the eligible Judge who issued the warrant, and
(c)  is to specify the date when the warrant was issued, and
(d)  is to specify the date when the warrant was executed, and
(e)  is to specify the address or other description of the subject premises, and
(f)  is to specify the number of police officers, staff members of the New South Wales Crime Commission or intelligence gathering officers who entered the subject premises for the purposes of executing, or assisting in the execution of, the warrant, and
(g)  is to contain a summary of the nature of the warrant (including the grounds on which a covert search warrant may be issued) and the powers conferred and exercised under the warrant, and
(h)  is to describe any thing seized or placed in substitution for a seized thing, and
(i)  is to describe any thing returned or retrieved under section 27R and the date on which the thing was returned or retrieved, and
(j)  if the occupier was not, at the time that the warrant was executed, believed to be knowingly concerned in the commission of the terrorist act in respect of which the warrant was executed—is to state this, and
(k)  is to specify or contain any other matters required by the regulations.
(3)  Within 6 months of executing the covert search warrant, the person who executed the warrant is to provide the occupier’s notice to the eligible Judge who issued the warrant for that Judge’s approval.
(4)  The person must provide such further information (either orally or in writing) as the eligible Judge requires for the purposes of assisting the Judge in determining whether to approve the occupier’s notice.
(5)  As soon as practicable after the eligible Judge approves the occupier’s notice, the person who executed the warrant is to cause the notice to be given to:
(a)  any person who, at the time the warrant was executed, occupied the subject premises and was believed to be knowingly concerned in the commission of the terrorist act in respect of which the warrant was executed, and
(b)  if no such person was an occupier of the subject premises when the warrant was executed—a person of or above the age of 18 years known to have occupied the premises at the time the warrant was executed.
(6)  If no such person is known, or the person’s whereabouts are unknown to the person who executed the warrant, the person who executed the warrant is to report back to the eligible Judge who issued the warrant and the Judge may give such directions about the giving of the occupier’s notice as the Judge thinks fit.
(7)  The giving of an occupier’s notice under this section may be postponed by the eligible Judge who issued the warrant if that eligible Judge is satisfied that there are reasonable grounds for that postponement.
(8)  Directions under subsection (6) may be given at the same time as a postponement is granted.
(9)  The giving of an occupier’s notice under this section may be postponed on more than one occasion, but:
(a)  must not be postponed on any one occasion for a period exceeding 6 months, and
(b)  must not be postponed for a total period of more than 18 months unless the eligible Judge is satisfied that there are exceptional circumstances justifying the postponement.
(10)  In this section:

intelligence gathering officer and police officer have the same meanings as in section 27S.

(11)  A reference in this section and in section 27V to a person who executes a warrant includes a reference to another eligible police officer (if the person was an eligible police officer) or another eligible staff member of the Crime Commission (if the person was such a staff member), but only if the person who executed the warrant:
(a)  has died, or
(b)  has ceased to be an eligible police officer or eligible staff member of the Crime Commission (as the case may be), or
(c)  is absent from duty.
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