South Australian Numbered Acts South Australian Numbered Acts174—Powers conferred by warrant
(1) A warrant
authorises an authorised officer, with such assistants as he or she considers
necessary—
(a) to
seize—
(i)
property referred to in the warrant; and
(ii)
documents and other material relevant to identifying,
tracing, locating or quantifying property referred to in the warrant; and
(b) if
the warrant authorises a search of a person—to search the person and
seize anything that the authorised officer suspects on reasonable grounds to
be material liable to seizure under this Act; and
(c) if
the warrant authorises a search of premises—to enter into, break open
and search the premises and anything in the premises and seize anything that
the authorised officer suspects on reasonable grounds to be material liable to
seizure under this Act.
(2) A warrant must not
be executed between the hours of 7 o'clock in the evening and
7 o'clock in the following morning unless the magistrate by whom the
warrant is issued expressly authorises its execution between those hours.
(3) An authorised
officer, or a person assisting an authorised officer, may use such force as is
reasonably necessary for the execution of a warrant but, subject to
subsection (4), must not use force to open a part of the premises or to
open anything in the premises, unless the person (if any) apparently in charge
of the premises has been given a reasonable opportunity to open the premises
or thing.
(4) The person
apparently in charge of premises need not be given a reasonable opportunity to
open the premises or anything in the premises if—
(a) it
is not possible to give the person such an opportunity; or
(b) the
authorised officer, or person assisting an authorised officer, reasonably
suspects that the premises, or the thing in the premises might be concealed,
destroyed, lost or altered if such an opportunity were given.
(5) An authorised
officer who executes a warrant—
(a) must
prepare a notice in the prescribed form containing—
(i)
the authorised officer's name; and
(ii)
the authorised officer's rank or position title (as the
case requires); and
(iii)
the enforcement agency of which the authorised officer is
a member; and
(iv)
the name of the magistrate who issued the warrant and the
date and time of its issue; and
(v)
a description of anything seized under the warrant; and
(b)
must, as soon as practicable after execution of the warrant—
(i)
in the case of a warrant authorising search of a
person—give the notice to the person; or
(ii)
in any other case—give the notice to the occupier
of the premises or leave it in a prominent position on those premises.
(6) A warrant, if not
executed at the expiration of one month from the date of its issue, then
expires.