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.
This Act may be cited as the Search Warrants Act 1985.
Sections 1 and 2 shall commence on the date of assent to this Act.
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.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
(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.
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.
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.
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.
In subsection (1):
(a) any act or omission which if done, or omitted to…