New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 73

73 Expiry of warrant

(1) A warrant ceases to have effect, unless it is sooner withdrawn or extended, as follows:

(a) in the case of any warrant (other than a telephone warrant or crime scene warrant)-when it has been executed, or at the time specified in it for its expiry, whichever first occurs,

(b) in the case of a telephone warrant (other than a telephone crime scene warrant)-when it has been executed, or at the expiry of 24 hours after the time of its issue, whichever first occurs,

(c) in the case of a crime scene warrant (other than a telephone crime scene warrant)-at the time specified in it for its expiry,

(d) in the case of a telephone crime scene warrant-at the expiry of 24 hours after the time of its issue.

(2) An eligible issuing officer who issues a warrant (other than a telephone warrant) must specify in the warrant the time when the warrant is to expire.

(2A) The time so specified for a covert search warrant is the date that is 10 days after the date on which the warrant is issued.

(2B) The time so specified for a criminal organisation search warrant is the date that is 7 days after the date on which the warrant is issued.

(3) The time so specified for a warrant other than a covert search warrant or a criminal organisation search warrant is to be 72 hours after the issue of the warrant or, if the issue of the warrant for a period exceeding 72 hours is permitted by this section, at any time within a further period not exceeding 72 hours.

(4) The issue of a warrant for a period exceeding 72 hours is permitted by this section if:

(a) in the case of a warrant issued under Division 2 of Part 11-the eligible issuing officer is satisfied that the purpose for which the warrant was issued cannot be satisfied within 72 hours, or

(b) in any other case-the eligible issuing officer is satisfied that the warrant cannot be executed within 72 hours.

(5) If no time of expiry is specified in a warrant (other than a telephone warrant, a covert search warrant or a criminal organisation search warrant), the warrant expires 72 hours after issue.

(6) If no time of expiry is specified in a covert search warrant, the warrant expires 10 days after issue.

(7) If no time of expiry is specified in a criminal organisation search warrant, the warrant expires 7 days after issue.