New South Wales Consolidated Acts New South Wales Consolidated Acts(s 45 ICAC Act)
(1) A search warrant may be executed by day, but must not be executed by night unless the person issuing the warrant, by the warrant, authorises its execution by night.
(2) The person issuing a search warrant is not to authorise the execution of the warrant by night unless satisfied that there are reasonable grounds for doing so. Those grounds include (but are not limited to) the following:(a) the execution of the warrant by day is unlikely to be successful because, for example, it is issued to search for a thing which is likely to be on the premises only at night or other relevant circumstances will only exist at night,(b) there is likely to be less risk to the safety of any person if it is executed at night,(c) an occupier is likely to be on the premises only at night to allow entry without the use of force.
(3) In this section:
"by day" means during the period between 6 am and 9 pm on any day.
"by night" means during the period between 9 pm on any day and 6 am on the following day.