New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 74A

74A Report to eligible issuing officer on execution of covert search warrant

(1) An executing officer for a covert search warrant must provide a report in writing to the eligible issuing officer who issued the warrant:

(a) stating the address or other description of the subject premises, and

(b) stating whether or not the warrant was executed, and

(c) if the warrant was executed:

(i) stating the date on which the warrant was executed, and

(ii) stating the name (or code-name) of the person in charge when the warrant was executed, and

(iii) stating the name (or code-name) of any person who entered the subject premises to assist in the execution of the warrant and the nature of the assistance provided, and

(iv) stating the powers that were exercised under the warrant, and

(v) setting out briefly the result of the execution of the warrant (including a brief description of anything seized, placed in substitution for a seized thing or examined and any data accessed under section 75B), and

(d) if the warrant was not executed-setting out briefly the reasons why the warrant was not executed, and

(e) containing such other particulars as may be prescribed by the regulations.

(2) The report must be provided within 10 days after the execution of the warrant or the expiry of the warrant, whichever first occurs.

(3) If premises are entered for the purposes of returning or retrieving a thing under section 49A, a report must also be provided in writing to the eligible issuing officer who issued the warrant:

(a) stating the address or other description of the premises, and

(b) stating the date on which the premises were re-entered, and

(c) stating the name (or code-name) of any person who entered the premises for the purposes of the return or retrieval, and

(d) stating the name (or code-name) of any person who re-entered the subject premises to assist in the return or retrieval of the thing and the nature of the assistance provided, and

(e) setting out a brief description of the thing, and

(f) if the thing was not returned or retrieved-setting out the reasons why the thing was not returned or retrieved, and

(g) containing such other particulars as may be prescribed by the regulations.

(4) The report is to be provided within 10 days after the entry to the premises for the purposes of retrieving or returning the thing under section 49A.

(5) The Commissioner of Police, Commissioner for the New South Wales Crime Commission or Commissioner for the Police Integrity Commission is to ensure that a copy of any report provided under this section is given to the Attorney General.

(6) A person may be referred to by a code-name in a report required under this section only if:

(a) the person who provides the report believes on reasonable grounds that use of the code-name is necessary to protect the safety of the person referred to, and

(b) a record of the person’s actual name and reasons for use of the code-name is kept by the authority in which the person is employed.

(7) If an executing officer for a covert search warrant has died or is absent the report may be provided by another person from the authority in which the executing officer was or is employed who is authorised to make an application for a covert search warrant.