LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 48 Issue of search warrants

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 48

48 Issue of search warrants

(cf Search Warrants Act 1985 , s 6, Crimes Act 1900 , s 357EA, former LEPRA, s 48)

(1) An eligible issuing officer to whom an application for a search warrant is made under section 47 may, if satisfied that there are reasonable grounds for doing so, issue the search warrant.

Note : See section 62(3) in relation to matters to be considered by an eligible issuing officer in determining whether there are reasonable grounds to issue a warrant.

(2) An eligible issuing officer to whom an application is made for a covert search warrant who is not satisfied that there are reasonable grounds for issuing the covert search warrant may, at the request of the eligible applicant (if the eligible applicant is a police officer), instead issue a search warrant that may not be executed covertly, but only if satisfied that there are reasonable grounds to do so.