CONFISCATION ACT 1997 - SECT 89 Report on execution of warrant etc.
CONFISCATION ACT 1997 - SECT 89
Report on execution of warrant etc.S. 89(1) amended by No. 63/2003 s. 24(1).
(1) The person to whom a search warrant or a seizure warrant is issued must give a report in writing to the magistrate or judge who issued the warrant—
(a) stating whether or not the warrant was executed; and
(b) if the warrant was executed—setting out briefly the result of the execution of the warrant (including a brief description of anything seized); and
(c) if the warrant was not executed—setting out briefly the reasons why the warrant was not executed; and
S. 89(1)(d) amended by No. 63/2003 s. 24(2).
(d) in the case of a search warrant, stating whether or not an occupier's notice has been served in connection with the execution of the warrant; and
S. 89(1)(da) inserted by No. 63/2003 s. 24(3).
(da) in the case of a seizure warrant, stating whether or not a notice of the execution of a seizure warrant has been given in accordance with section 88A ; and
S. 89(1)(e) amended by No. 63/2003 s. 24(4).
(e) stating whether or not an embargo notice has been issued under section 93 in connection with the execution of the search warrant and describing briefly the property subject to the notice.
(2) A report must be made within 10 days after the expiry of the warrant.
(3) A person may apply to the magistrate or judge to whom a report has been given under subsection (1) for an order authorising the person to inspect the report if the person satisfies the magistrate or judge that he or she is—
(a) the owner or occupier of premises upon which the warrant was executed; or
(b) a person who has an interest in property seized in the execution of the warrant; or
(c) a person who has an interest in property subject to an embargo notice issued under section 93 in connection with the execution of the warrant.
S. 90 amended by No. 63/2003 s. 24(5)(a).