Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 201

Contents of search warrants

    (1)     A search warrant must state—

        (a)     the kind of target material that is to be searched for under the warrant; and

        (b)     a description of the premises to which the warrant relates; and

        (c)     the name of the executing police officer; and

        (d)     when the warrant expires (see subsection (2)); and

        (e)     whether the warrant may be executed at any time or only during particular hours (see 210); and

        (f)     whether the warrant authorises an ordinary search or frisk search of a person who is at or near the premises when the warrant is executed if the executing police officer or a person assisting suspects on reasonable grounds that the person has target material in the person's possession.

    (2)     The time stated in the search warrant under subsection (1) (d) as the time when the warrant expires must be not later than—

        (a)     if the application for the warrant is made under section 204 (Issuing search warrants by telephone or other electronic means)—48 hours after the warrant is issued; or

        (b)     in any other case—the end of the 7th day after the day the warrant is issued.

Example

If a warrant is issued at 3 pm on a Monday, the expiry time stated must not be later than midnight on Monday in the following week.

    (3)     Subsection (1) (d) does not prevent the issue of successive search warrants in relation to the same premises.



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