Tasmanian Consolidated Acts

SEARCH WARRANTS ACT 1997 - SECT 6

      (1) A warrant that is in force in relation to premises authorises the executing officer or a person assisting –

(a) to enter the warrant premises and, if the premises are a conveyance, to stop, detain and enter the conveyance, wherever it is; and

(b) to search for and record fingerprints found at the premises and to take samples of things, and from things, found at the premises for forensic purposes; and

(c) to search a conveyance, container or thing found on the premises; and

(d) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and

(e) to seize a thing found at the premises in the course of the search that the executing officer or person assisting believes on reasonable grounds to be –

(i) evidential material in relation to an offence to which the warrant relates; or

(ii) evidential material in relation to another offence –

if the executing officer or person assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and

(f) to seize a thing found at the premises in the course of the search that the executing officer or person assisting believes on reasonable grounds to be a seizable item.

      (2) A warrant that is in force in relation to premises authorises the executing officer or a person assisting who is a police officer –

(a) to conduct an ordinary search and a frisk search of any person at or near the premises if the executing officer or person assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession; and

(b) to detain any person at or near the premises for the purpose of conducting an ordinary search and a frisk search of the person; and

(c) to –

(i) seize a thing of the kind specified in the warrant; and

(ii) record fingerprints from any thing; and

(iii) take forensic samples of any thing –

found, in the course of a search of a person, on or in the possession of the person; and

(d) to seize a thing found, in the course of a search of a person, on or in the possession of the person that the executing officer or person assisting believes on reasonable grounds to be –

(i) evidential material in relation to an offence to which the warrant relates; or

(ii) evidential material in relation to another offence –

if the executing officer or person assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and

(e) to seize a thing found, in the course of a search of a person, on or in the possession of the person that the executing officer or person assisting believes on reasonable grounds to be a seizable item.

      (3) A warrant that is in force in relation to premises authorises a person assisting who is not a police officer –

(a) to record fingerprints from any thing; or

(b) to take forensic samples from any thing –

      (4) If a thing is seized under a warrant, the warrant authorises the executing officer to make the thing available to an officer of another agency of this State, another State, a Territory or the Commonwealth if it is necessary to do so for the purpose of investigating or prosecuting an offence to which the thing relates.