Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 116G

Content of entry and search warrant

    (1)     An entry and search warrant must include statements of the following matters:

        (a)     a description of the premises, or the name or description of the registrable offender to which the warrant relates;

        (b)     the kinds of material to be searched for under the warrant;

        (c)     the name of the police officer who is to be responsible for executing the warrant;

        (d)     the period, not exceeding 7 days, for which the warrant remains in force;

        (e)     the times when the search is authorised;

        (f)     any conditions subject to which premises may be entered under the warrant;

        (g)     the things under section 116H the warrant authorises the executing officer or an assisting officer to do.

    (2)     For subsection (1) (e), an entry and search warrant must not authorise a search during the period beginning at 9 pm on a day and ending at 6 am on the next day unless the magistrate is satisfied that—

        (a)     it is necessary to prevent the concealment, loss or destruction of evidential material in relation to an offence; or

        (b)     it would not be practicable to conduct the search at another time.

Examples—when not practicable to conduct search at another time

1     conducting the search during normal hours may increase the risk to the safety of officers

2     conducting the search during normal hours may compromise another investigation

    (3)     In deciding any conditions under subsection (1) (f), the magistrate must have regard to the personal privacy of a third party who may be affected by the warrant.

    (4)     Subsection (1) (d) does not prevent the issue of successive warrants in relation to the same premises or person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback