Tasmanian Consolidated Acts

SEARCH WARRANTS ACT 1997 - SECT 3

In this Act, unless the contrary intention appears –

"conveyance" includes an aircraft, vehicle or vessel;

"evidential material" means a thing relevant to an offence, including such a thing in electronic form;

"executing officer", in relation to a warrant, means –

(a) the police officer named in the warrant by the issuing officer as being responsible for executing the warrant; or

(b) if that police officer does not intend to be present at the execution of the warrant – another police officer whose name has been written in the warrant by the police officer so named; or

(c) another police officer whose name has been written in the warrant by the police officer last named in the warrant;

"frisk search" means –

(a) a search of a person conducted by running the hands over the person's outer garments; and

(b) an examination of anything worn by the person that is voluntarily removed by the person;

"issuing officer", in relation to a warrant to search premises, means a justice of the peace but does not include a magistrate;

"ordinary search" means a search of a person or of articles in the possession of a person that may include –

(a) requiring the person to remove his or her overcoat, coat, jacket or similar clothing and any gloves, shoes and hat; and

(b) an examination of those items;

"person assisting", in relation to a warrant, means –

(a) a person who is a police officer and who is assisting in executing the warrant; or

(b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant;

"premises" includes a place and a conveyance;

"seizable item" means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody;

"thing relevant to an offence" means –

(a) anything with respect to which an offence against any law of the State has been committed or is suspected, on reasonable grounds, to have been committed; or

(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or

(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence;

"warrant" means a warrant under this Act;

"warrant premises" means premises in relation to which a warrant is in force.