CONFISCATION ACT 1997 - SECT 83 Notice to occupier of premises entered under search warrant

CONFISCATION ACT 1997 - SECT 83

    (1)     A magistrate or judge must prepare and give an occupier's notice to the person to whom the magistrate or judge issues a search warrant.

    (2)     An occupier's notice—

        (a)     must specify—

              (i)     the name of the person who applied for the warrant; and

              (ii)     the name of the magistrate or judge who issued the warrant; and

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

              (iv)     the address or other description of the premises which are the subject of the warrant; and

        (b)     must contain a summary of the nature of the warrant and the powers conferred by the warrant.

S. 83(3) amended by No. 37/2014 s. 10(Sch. item 25.10).

    (3)     A police officer executing a search warrant must—

        (a)     on 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, or to be in charge of, the premises and to be aged 18 or more; or

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

    (4)     Service of an occupier's notice under subsection (3)(b) may be postponed by the magistrate or judge who issued the search warrant if he or she is satisfied that there are reasonable grounds for the postponement.

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

S. 84 (Heading) inserted by No. 63/2003 s. 20(5).