TERRORISM (POLICE POWERS) ACT 2002 - SECT 27S Report to eligible Judge on execution of warrant

TERRORISM (POLICE POWERS) ACT 2002 - SECT 27S

27S Report to eligible Judge on execution of warrant

(1) A person who executes a covert search warrant must provide a report in writing to the eligible Judge 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 of any person who executed the warrant, and

(iii) stating the name of any police officer or intelligence gathering officer who assisted in the execution of the warrant and the nature of the assistance provided, and

(iv) stating the name of any person believed to be knowingly concerned in the commission of the terrorist act in respect of which the warrant was executed and, if no such person is an occupier of the premises, any occupier (if known) of the premises at which the warrant was executed, and

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

(vi) 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, copied, photographed, recorded, operated, printed or tested), and

(vii) if a thing was found in the course of executing the warrant and, under section 27O, that thing was (but was not of a kind expressly authorised by the warrant to be) copied, photographed, recorded, operated, printed or tested--specifying particulars of the grounds on which the thing was believed to be a relevant thing or connected with a serious indictable offence (as the case may be),

(viii) if a thing was tested or was seized for the purposes of testing--including a description of the thing and the type of information obtained (or proposed to be obtained) by testing, and

(ix) stating whether or not the execution of the warrant assisted in the prevention of, or response to, the terrorist act in respect of which the warrant was executed and, if so, how it assisted, and

(x) stating whether or not the execution of the warrant assisted in the prevention of, or response to, any other terrorist act or any serious indictable offence and, if so, how it assisted, 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--

(a) if the warrant was executed--within 10 days after it was executed, or

(b) if the warrant was not executed--within 10 days after--

(i) the expiry date specified in the warrant, or

(ii) the date the warrant was withdrawn by the eligible Judge who issued the warrant.

(3) If premises are entered for the purposes of returning or retrieving a thing under section 27R, a report must also be provided in writing to the eligible Judge 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 of any person who entered the premises for the purposes of the return or retrieval, and

(d) stating the name of any other police officer or intelligence gathering officer who assisted in the re-entry of the premises or the return or retrieval of the thing and the nature of any 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 27R.

(5) The Commissioner of Police is to ensure that a copy of any report provided under this section is given to the Attorney General.

(6) In this section--


"intelligence gathering officer" means a person employed by or in the Australian Security Intelligence Organisation or any other intelligence gathering agency prescribed for the purposes of this definition.


"police officer" means a member of--

(a) the NSW Police Force, or

(b) the Australian Federal Police, or

(c) a police force or police service (however described) of another State, a Territory or another country.