SEARCH WARRANTS ACT 1985 - SECT 15 Notice to occupier of premises entered pursuant to warrant

This legislation has been repealed.

SEARCH WARRANTS ACT 1985 - SECT 15

15 Notice to occupier of premises entered pursuant to warrant

(1) An authorised justice shall prepare and furnish an occupier's notice to the person to whom the authorised justice issues a search warrant.

(2) An occupier's notice furnished in relation to a search warrant:

(a) shall be in or to the effect of the prescribed form,

(b) shall specify:

(i) the name of the person who applied for the warrant,

(ii) the name of the authorised justice who issued the warrant,

(iii) the date and the time when the warrant was issued, and

(iv) the address or other description of the premises the subject of the warrant, and

(c) shall contain a summary of the nature of the warrant and the powers conferred by the warrant.

(3) A person executing a search warrant shall:

(a) upon entry into or onto the premises or as soon as practicable thereafter, serve the occupier's notice on a person who appears to be an occupier of the premises and to be of or above the age of 18 years, or

(b) if no such person is then present in or on the premises, serve the occupier's notice on the occupier of the premises, either personally or in such other manner as the authorised justice who issued the warrant may direct, as soon as practicable after executing the warrant.

(4) Service of an occupier's notice pursuant to subsection (3) (b) may be postponed by the authorised justice who issued the search warrant if that authorised justice is satisfied that there are reasonable grounds for the postponement.

(5) Service of an occupier's notice pursuant to subsection (3) (b) may be postponed on more than one occasion, but shall not be postponed on any one occasion for a period exceeding 6 months.