CORONERS ACT 1997 - SECT 66 Search warrants

CORONERS ACT 1997 - SECT 66

    (1)     A coroner may issue a warrant if the coroner believes on reasonable grounds that it is necessary for an inquest or inquiry.

    (2)     A warrant must authorise a police officer named in the warrant with such assistance, and by such force, as is necessary and reasonable—

        (a)     to enter a place; and

        (b)     to search the place for a document or thing relevant to the inquest or inquiry; and

        (c)     to take any measurements or photographs of the place or any thing in or on the place; and

        (d)     to inspect, or take copies of, or extracts from, any document in or on the place that is, or is reasonably believed to be, relevant to the inquest or inquiry; and

        (e)     to seize any document or thing that the coroner believes on reasonable grounds to be relevant to the inquest or inquiry; and

        (f)     to deliver anything so seized to the coroner.

    (3)     A warrant may authorise an investigator to accompany the police officer named in the warrant and to exercise any of the powers under subsection (2) that are specified in the warrant.

    (4)     A warrant must—

        (a)     state the purpose for which it is issued; and

        (b)     specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and

        (c)     include a description of the kind of things in relation to which the powers under the warrant may be exercised; and

        (d)     specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

    (5)     A warrant may be executed, in accordance with its terms, at any time during the period commencing on the date of issue of the warrant and ending at the expiration of the date specified for the purpose of subsection (4) (d).

    (6)     Before exercising a power under a warrant, the person executing the warrant must give a copy of the warrant to the owner or occupier of the place to which it relates.

    (7)     If, in the course of searching under a warrant for a thing relevant to an inquest or inquiry—

        (a)     the person executing the warrant finds a thing that the person believes on reasonable grounds to be connected with the matter into which the coroner is inquiring, although not of a kind specified in the warrant; and

        (b)     the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its being concealed, lost, mutilated, destroyed or disposed of;

the person may seize that thing and must deliver it to the coroner.