SEARCH WARRANTS ACT 1985 - SECT 12A Information in application for warrant

This legislation has been repealed.

SEARCH WARRANTS ACT 1985 - SECT 12A

12A Information in application for warrant

(1) An authorised justice must not issue a search warrant unless the application for the warrant includes the following information:

(a) details of the authority of the applicant to make the application for the search warrant,

(b) the grounds on which the warrant is being sought,

(c) the address or other description of the premises the subject of the application,

(d) if the warrant is required to search for a particular thing, a full description of that thing and, if known, its location,

(e) if a previous application for the same warrant was refused--details of the refusal and any additional information required by section 12C,

(f) any other information required by the regulations.

(2) An authorised justice when determining whether there are reasonable grounds to issue a search warrant is to consider (but is not limited to considering) the following matters:

(a) the reliability of the information on which the application is based, including the nature of the source of the information,

(b) if the warrant is required to search for a thing in relation to an alleged offence--whether there is sufficient connection between the thing sought and the offence.

(3) The applicant must provide (either orally or in writing) such further information as the authorised justice requires concerning the grounds on which the warrant is being sought.

(4) Nothing in this section requires an applicant for a search warrant to disclose the identity of a person from whom information was obtained if the applicant is satisfied that to do so might jeopardise the safety of any person.