RAIL SAFETY NATIONAL LAW (NSW) - SECT 150 Search warrants

RAIL SAFETY NATIONAL LAW (NSW) - SECT 150

150 Search warrants

(1) A rail safety officer may apply to a magistrate for a search warrant for a place.

(2) Subject to subsection (6), the application must be sworn and state the grounds on which the warrant is sought.

(3) The magistrate may refuse to consider the application until the rail safety officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example : The magistrate may require additional information supporting the application to be given by statutory declaration.

(4) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting--

(a) there is a particular thing or activity (the
"evidence" ) that may provide evidence of an offence against this Law; and

(b) the evidence is, or may be within the next 72 hours, at the place.

(5) Subject to subsection (6), the search warrant must state--

(a) that a stated rail safety officer may, with necessary and reasonable help and force, enter the place and exercise the powers of the officer; and

(b) the offence for which the search warrant is sought; and

(c) the evidence that may be seized under the search warrant; and

(d) the hours of the day or night when the place may be entered; and

(e) the date, within 7 days after the search warrant's issue, the search warrant ends.

(6) A rail safety officer may apply to a magistrate for a search warrant by telephone, fax or other prescribed means if the officer considers the urgency of the situation requires it and, in such a case, the following provisions will apply--

(a) the magistrate may complete and sign the warrant without the provision of sworn evidence and without a written application that states the grounds on which the warrant is sought if the magistrate is satisfied that there are reasonable grounds for issuing the warrant urgently;

(b) if the magistrate completes and signs a warrant under paragraph (a), the magistrate must then tell the officer--

(i) the terms of the warrant (as contemplated by subsection (5)); and

(ii) the date on which, and the time at which, the warrant was signed;

(c) if steps are taken under paragraph (b), the officer must then--

(i) complete a form of warrant in the same terms as the warrant signed by the magistrate and write on the form--

(A) the name of the magistrate; and

(B) the date on which, and the time at which, the warrant was signed; and

(ii) send the magistrate the completed form of warrant not later than the day after the warrant is executed or comes to an end;

(d) a form of warrant completed by an officer under paragraph (c) has the same force and effect as a warrant signed by the magistrate under subsections (4) and (5).

(6A) In this section,
"magistrate" means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 .

Note--: This subsection is an additional New South Wales provision.