New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 27O

27O Powers conferred by covert search warrant

(1) A covert search warrant authorises an eligible person:

(a) to enter, without any occupier’s knowledge, the subject premises, and

(b) to impersonate another person for the purposes of executing the warrant, and

(c) to use such force as is reasonably necessary for the purposes of entering the subject premises, and

(d) if the warrant authorises entry to premises adjoining or providing access to the subject premises-to enter premises adjoining or providing access to the subject premises, using such force as is reasonably necessary, for the purposes of entering the subject premises, and

(e) to search the subject premises for any kind of thing described in the warrant, and

(f) to break open any receptacle in or on the subject premises for the purposes of that search if it is reasonably necessary to do so, and

(g) if the warrant authorises the seizure of a kind of thing-to seize and detain a thing of that kind and any relevant thing that the person finds in the course of executing the warrant, and

(h) to seize and detain any other thing that the person finds in the course of executing the warrant and that is connected with a serious indictable offence, and

(i) if the warrant authorises the placing of a kind of thing in substitution for a seized thing-to place a thing of that kind on the subject premises in substitution for a thing seized under paragraph (g), and

(j) if the warrant authorises the copying, photographing or recording of a kind of thing-to copy, photograph or otherwise record a thing of that kind and any relevant thing that the person finds in the course of executing the warrant, and

(k) if the warrant authorises the operation of a kind of electronic equipment:

(i) to operate any electronic equipment of that kind and any relevant electronic equipment that the person finds in the course of executing the warrant, and

(ii) to print, copy or otherwise record from that equipment information that is of a kind that the warrant authorises to be printed, copied or recorded and any relevant information that the person finds in the course of executing the warrant, and

(l) if the warrant authorises the testing of a kind of thing-to test a thing of that kind and any relevant thing that the person finds in the course of executing the warrant, and

(m) to do anything else that is reasonable for the purpose of concealing anything done in the execution of the warrant from the occupier of the premises.

(2) A reference in this section to an eligible person, in relation to a warrant, is a reference to:

(a) an eligible police officer if the applicant for the warrant was an eligible police officer, or

(b) an eligible staff member of the Crime Commission if the applicant for the warrant was an eligible staff member of the Crime Commission.

(3) A reference in this section to a relevant thing (including electronic equipment and information) found by an eligible person is a reference to a thing that the person has reasonable grounds to suspect or believe will substantially assist in responding to or preventing a terrorist act.

(4) For the purposes of this section, a thing is connected with a serious indictable offence only if it is:

(a) a thing with respect to which there are reasonable grounds for suspecting or believing the offence has been, is being, or will be committed, or

(b) a thing that there are reasonable grounds for suspecting or believing will provide evidence of the commission or intended commission of the offence, or

(c) a thing that there are reasonable grounds for suspecting or believing has been, is being, or is intended to be used, in or in connection with the offence.