Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Division 5 Miscellaneous
76A Applications with respect to covert search warrants to be dealt with in absence of public
Applications under this Part, and any matters arising under this Part, in respect of covert search warrants that are dealt with by an eligible issuing officer are to be dealt with in the absence of the public.
76B Publication of documents relating to search warrants
(1) A person must not intentionally or recklessly publish an application for a covert search warrant, a report prepared under section 74 or 74A, an occupier’s notice or any information directly derived from such an application, report or notice unless—(a) an occupier’s notice that relates to the execution of the warrant has been given under section 67 or 67B, or(b) directions have been given in relation to the giving of the occupier’s notice under section 67.Maximum penalty—50 penalty units or imprisonment for 12 months, or both.(2) This section does not make it an offence to publish any application, report, notice or information if the publication is for the purposes of—(a) exercising any functions under this Part, or(b) the internal management of the NSW Police Force, the New South Wales Crime Commission, the Law Enforcement Conduct Commission, the Supreme Court or the Attorney General’s Department.
77 Abolition of common law search warrants
(cf Search Warrants Act 1985, s 24)
Any common law power conferred on a justice of the peace or any other person to issue a warrant authorising a person to enter premises for the purpose of searching for stolen goods or any other thing continues to be abolished.
78 Ministerial arrangements for things seized in connection with extra-territorial offences
(cf Search Warrants Act 1985, s 24A)
(1) In this section—means—(2) The Minister may enter into arrangements with a Minister of another State or a Territory under which—(a) things seized under this Act that may be relevant to the investigation of an offence against the law of that other State or Territory—(i) are to be transmitted to the appropriate authority in that State or Territory for the purposes of the investigation of, or proceedings in respect of, that offence, and(ii) when no longer required for the purposes of any such investigation or proceedings, are (unless disposed of by order or direction of a court or Magistrate) to be returned to the Commissioner of Police, and(b) things seized under the law of that other State or Territory that may be relevant to the investigation of an offence against the law of this State—(i) are to be transmitted to the Commissioner of Police, and(ii) when no longer required for the purposes of the investigation of an offence, or proceedings in respect of an offence, are (unless disposed of by order or direction of a court or Magistrate) to be returned to the appropriate authority in the State or Territory in which they were seized.(3) This section has effect despite Division 2 of Part 17.
79 References in other Acts to “authorised justice” or “authorised officer”
(cf Search Warrants Act 1985, s 24B)
A reference in any other Act to an authorised justice or authorised officer in relation to a warrant to which Division 4 applies is to be read as a reference to an eligible issuing officer within the meaning of paragraph (a) of the definition of eligible issuing officer in section 46(1) of this Act.
80 Application of warrant provisions
(cf Search Warrants Act 1985, s 26)
(1) The regulations may apply, to and in respect of search warrants issued under the National Electricity (NSW) Law, such of the provisions of this Part and Parts 15 and 17 as are specified in the regulations and are not inconsistent with that Law.(2) The regulations may apply, to and in respect of search warrants issued under the National Gas (NSW) Law, such of the provisions of this Part and Parts 15 and 17 as are specified in the regulations and are not inconsistent with that Law.