Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 256

Authority given by search warrant

    (1)     A search warrant authorises any police officer, with the assistants that he or she thinks necessary, to enter and search the premises in respect of which the warrant was issued and anything in those premises.

    (2)     Subject to any direction by a magistrate authorising execution of a search warrant at night, or during specified hours of the night, it shall not be executed at night.

    (3)     A police officer, or a person assisting him or her, may use the force that is reasonably necessary for the execution of a search warrant.

    (4)     A police officer executing a search warrant may seize and remove any object that he or she believes on reasonable grounds to be relevant to the investigation of the offence in relation to which the warrant was issued.

    (5)     An object seized and removed under subsection (4) shall be dealt with in accordance with arrangements in force under section 258.

    (6)     A police officer who executes a search warrant

        (a)     shall prepare a notice containing—

              (i)     his or her own name and rank; and

              (ii)     the name of the magistrate who issued the warrant and the date and time of its issue; and

              (iii)     a description of any objects seized and removed under the warrant; and

        (b)     shall, as soon as practicable after execution of the warrant, give the notice to the occupier of the premises in respect of which the warrant was issued or leave it for him or her in a prominent position on those premises.

    (7)     A search warrant, if not executed at the end of 1 month from the date of its issue, shall then expire.



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