Australian Capital Territory Current Acts

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

    (1)     An entry and search warrant may authorise the executing officer or an assisting officer to—

        (a)     enter the warrant premises, by force if necessary, and to remain at the premises for as long as reasonably necessary (but not longer than 2 hours) to exercise any power authorised under the warrant; and

        (b)     if the premises is a vehicle—enter the vehicle, by force if necessary, wherever it is; and

        (c)     search the premises for the kinds of material specified in the warrant, and anything else relevant to the purpose of the warrant, and to seize things of those kinds found at the premises; and

        (d)     seize other things found at the premises in the course of the search that the executing officer or an assisting officer believes on reasonable grounds to be connected to an offence punishable by imprisonment for 12 months or longer; and

        (e)     conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or an assisting officer suspects on reasonable grounds that the person has any evidential material in relation to an offence or seizable items in the person's possession, and to seize things of that kind; and

        (f)     seize other things found in the course of searching the person that the executing officer or an assisting officer believes on reasonable grounds to be connected to an offence punishable by imprisonment for 12 months or longer; and

        (g)     seize a thing found while searching the person or premises that may be used as an offensive weapon, if the executing officer or an assisting officer believes on reasonable grounds that seizure of the thing is necessary to prevent an imminent risk of harm to a person or property; and

        (h)     take a photograph of a thing found while searching the person or premises that the executing officer or assisting officer believes on reasonable grounds to be evidential material in relation to an offence, material that may assist an investigation, or a seizable item; and

              (i)     stop and detain a person at the premises for as long as reasonably necessary (but not longer than 2 hours) to assist the executing officer or an assisting officer to exercise any power authorised under the warrant; and

        (j)     if a registrable offender has refused access to data on an electronic device under section 116Q—access the information for as long as reasonably necessary (but not longer than 4 hours) to assist the executing officer or assisting officer to exercise any power authorised under the warrant; and

        (k)     exercise a power under this section in relation to part of a premises occupied exclusively by a person other than a registrable offender, if the executing officer or assisting officer believes on reasonable grounds that the part of the premises is used by the offender; and

        (l)     do anything else authorised by the magistrate.

    (2)     If a transgender or intersex person is searched under this section, the person may require that the search be conducted by either a male or a female.

    (3)     Despite paragraphs (1) (a), (i) and (j), an entry and search warrant may authorise the executing officer or an assisting officer to—

        (a)     remain at the premises or stop and detain a person at the premises for up to 4 hours if the magistrate is satisfied that the warrant cannot be executed within 2 hours; and

        (b)     access data on a registrable offender's electronic device for up to 8 hours, and remain at premises for that purpose, if satisfied that the warrant cannot be executed within 4 hours.

    (4)     An entry and search warrant may not authorise a strip search or a search of a person's body cavities.