Search Warrants Act 1985 (NSW)

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An Act to provide for the issue of search warrants in respect of indictable and certain other offences; to make provision in connection with those search warrants and search warrants under other Acts; and for other purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Search Warrants Act 1985.

2Commencement(1)

Sections 1 and 2 shall commence on the date of assent to this Act.

(2)

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3Definitions

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

authorised justice means:

  • (a)

    a Magistrate, or

  • (b)

    a registrar of a Local Court or the registrar of the Drug Court, or

  • (c)

    a person who is employed in the Attorney General’s Department and who is declared (whether by name or by reference to the holder of a particular office), by the Minister administering this Act by instrument in writing or by order published in the Gazette, to be an authorised justice for the purposes of this Act.

occupier, in relation to any premises, includes a person in charge of the premises.

premises includes any structure, building, aircraft, vehicle, vessel and place (whether built upon or not), and any part thereof.

Part 2Search warrants in respect of indictable, firearms and narcotics offences, stolen property etc4Definitions—things connected with offence etc(1)

For the purposes of this Part, a thing is connected with a particular offence if it is:

  • (a)

    a thing with respect to which the offence has been committed,

  • (b)

    a thing that will afford evidence of the commission of the offence, or

  • (c)

    a thing that was used, or is intended to be used, for the purpose of committing the offence.

(2)

A reference in this Part to an offence includes a reference to an offence that there are reasonable grounds for believing has been, or is to be, committed.

5Application for warrant in respect of certain offences, stolen property etc(1)

A member of the police force may apply to an authorised justice for a search warrant if the member of the police force has reasonable grounds for believing that there is or, within 72 hours, will be in or on any premises:

  • (a)

    a thing connected with a particular indictable offence,

  • (b)

    a thing connected with a particular firearms offence,

  • (b1)

    a thing connected with a prohibited weapons offence,

  • (c)

    a thing connected with a particular narcotics offence, or

  • (d)

    a thing stolen or otherwise unlawfully obtained.

(2)

In subsection (1):

firearms offence means an offence under the Firearms Act 1996 or the regulations under that Act, being an offence committed in respect of a firearm within the meaning of that Act.

indictable offence includes:

  • (a)

    any act or omission which if done, or omitted to…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.