LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 46A Searchable offences

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 46A

46A Searchable offences

(cf former LEPRA, s 47(1))

(1) For the purposes of this Part,
"searchable offence" in relation to a warrant--

(a) means any of the following--

(i) an indictable offence,

(ii) a firearms or prohibited weapons offence,

(iii) a narcotics offence,

(iv) a child abuse material offence,

(v) an offence involving a thing being stolen or otherwise unlawfully obtained,

(vi) a computer offence, and

(b) if the warrant is a covert search warrant--means a serious offence, and

(c) if the warrant is a criminal organisation search warrant--means an organised crime offence.

(2) In subsection (1)--


"child abuse material offence" means an offence under section 91H or 578C of the Crimes Act 1900 .


"computer offence" means an offence under the Crimes Act 1900 , Part 6.


"firearms or prohibited weapons offence" means an offence under the Firearms Act 1996 , the Weapons Prohibition Act 1998 or a regulation made under either of those Acts, being an offence committed in respect of a firearm, an imitation firearm or a prohibited weapon within the meaning of those Acts.


"narcotics offence" means--

(a) an offence under the Poisons and Therapeutic Goods Act 1966 , or a regulation made under that Act, being an offence committed in respect of--

(i) a restricted substance prescribed for the purposes of section 16 of that Act, or

(ii) a drug of addiction within the meaning of that Act, or

(b) an offence under the Drug Misuse and Trafficking Act 1985 or a regulation made under that Act.

"organised crime offence" means any serious indictable offence arising from, or occurring as a result of, organised criminal activity.


"serious offence" means the following--

(a) any indictable offence punishable by imprisonment for a period of 7 or more years and that involves the following--

(i) the supply, manufacture or cultivation of drugs or prohibited plants,

(ii) the possession, manufacture or sale of firearms within the meaning of the Firearms Act 1996 ,

(iii) money laundering,

Note : For example, section 193B of the Crimes Act 1900 .

(iv) car and boat rebirthing activities,

Note : For example, section 154G of the Crimes Act 1900 .

(v) the unauthorised access to, or modification or impairment of, computer data or electronic communications,

(vi) an activity involving theft carried out on an organised basis,

(vii) violence causing grievous bodily harm or wounding,

(viii) the possession, manufacture or supply of false instruments,

(ix) corruption,

(x) destruction of property,

(xi) homicide,

(xii) kidnapping,

(b) any offence under Division 10 (Sexual offences against adults and children) of Part 3 of the Crimes Act 1900 punishable by imprisonment for a period of 7 or more years,

(c) an offence under section 80D (Causing sexual servitude) or 80E (Conduct of business involving sexual servitude) of the Crimes Act 1900 ,

(d) an offence under section 93FA (Possession, supply or making of explosives) of the Crimes Act 1900 ,

(e) an offence under Division 15 (Child prostitution) or 15A (Child pornography) of Part 3 of the Crimes Act 1900 ,

(f) an offence under section 308F (Possession of data with intent to commit serious computer offence) or 308G (Producing, supplying or obtaining data with intent to commit serious computer offence) of the Crimes Act 1900 ,

(g) an offence of attempting to commit, or of conspiracy or incitement to commit, or of aiding or abetting, an offence referred to in paragraphs (a)-(f).

(3) For the purposes of this section, an activity involving theft is carried out on an
"organised basis" if--

(a) it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant, and

(b) it is carried out for profit or gain.