New South Wales Consolidated Acts

NEW SOUTH WALES CRIME COMMISSION ACT 1985 - SECT 11

11 Search warrants

(1) In this section:
"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .
"thing" includes a document.

(2) A member of the Commission may apply to an authorised officer for the issue of a search warrant if:

(a) the Commission has reasonable grounds for suspecting that, on a particular day (in this section referred to as the "relevant day"), being the day on which, or a particular day within one month after the day on which, the application is made, there may be in or on any premises a thing or things of a particular kind connected with a matter relating to a relevant criminal activity, being a matter into which the Commission is conducting an investigation (in this section referred to as "things of the relevant kind"), and

(b) the Commission believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.

(3) An authorised officer to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the Police Force, or any other person, named in the warrant:

(a) to enter the premises,

(b) to search the premises for things of the relevant kind, and

(c) to seize any things of the relevant kind found in or on the premises and deliver things so seized to the Commission.

(4) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(5) A search warrant issued under this section shall:

(a) include a statement of the purpose for which the warrant is issued, which shall include a reference to the matter relating to a relevant criminal activity into which the Commission is conducting an investigation and with which the things of the relevant kind are connected, and

(b) include a description of the kind of things authorised to be seized.

Note: Covert search warrants may be obtained under Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 .