Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this section:
"issuing officer" means—
(a) a judge, the registrar or a deputy registrar of the Supreme Court; or
(b) a magistrate; or
(c) the registrar, or a deputy registrar, of the Magistrates Court authorised, in writing, by the Chief Magistrate to be an issuing officer for this section.
"private place" does not include a place ordinarily private that is for the time being—
(a) used for a public purpose; or
(b) a place of common resort; or
(c) open to the public, on the payment of money or otherwise.
(2) If an information on oath is laid before an issuing officer alleging that there are reasonable grounds for suspecting that, on the day when, or a day within 28 days after the date when, the information is laid, there is or will be a thing or things of a particular kind connected with a particular offence on, or in the clothing that is being worn by, or in any property in the apparent control of, a particular person and the information sets out those grounds, the issuing officer may issue a search warrant authorising each police officer named in the warrant, with the assistance, and by the force, that is necessary and reasonable—
(a) to enter any place the police officer believes on reasonable grounds to be occupied by the person; and
(b) to search the person, or the clothing that is being worn by, or property in the apparent control of, the person; and
(c) to seize any such clothing or property that the police officer believes on reasonable grounds to be connected with the offence.
(3) If an information on oath is laid before an issuing officer alleging that there are reasonable grounds for suspecting that, on the day when, or a day within 28 days after the date when, the information is laid, there is or will be at or in any place a thing or things of a particular kind connected with a particular offence, and the information sets out those grounds, the issuing officer may issue a search warrant authorising each police officer named in the warrant, with the assistance, and by the force, that is necessary and reasonable to—
(a) enter any place named or described in the warrant; and
(b) search the place for things of that kind; and
(c) if the place is a private place—to search any person found at or in the place, or any person whom he or she reasonably believes to be about to enter or to have recently left the place, and the clothing that the person is wearing, or property in the apparent control of the person, if the police officer believes there are reasonable grounds for suspecting that things of that kind may be on the person or in the clothing that the person is wearing or in property in the apparent control of the person; and
(d) to seize any thing of that kind found as a result of any entry or search referred to in paragraph (a), (b) or (c) that he or she believes on reasonable grounds to be connected with that offence.
(4) An issuing officer shall not issue a warrant under this section unless—
(a) the informant or some other person has given to the issuing officer, either orally or by affidavit, the further information (if any) the issuing officer requires about the grounds on which the issue of the warrant is being sought; and
(b) the issuing officer is satisfied that there are reasonable grounds for issuing the warrant.
(5) An issuing officer may issue a warrant under subsection (2) or (3) subject to conditions limiting the powers set out in the relevant subsection.
(6) A warrant issued under this section shall state or set out—
(a) the purpose for which the warrant is issued, including a reference to the nature of the offence in relation to which the entry and search are authorised; and
(b) whether the entry or search is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) a description of the kind of things authorised to be seized; and
(d) any conditions to which the warrant is subject; and
(e) if the warrant is issued under subsection (2)—a way of identifying each person specified in the warrant by—
(i) name; or
(ii) description; or
(iii) a photograph of the person attached to the warrant; and
(f) a date, not later than 28 days after the date of issue of the warrant, when the warrant will cease to have effect.
(7) If, in the course of searching in accordance with a warrant issued under this section for things connected with a particular offence, being things of a kind specified in the warrant, a police officer finds any thing that he or she believes on reasonable grounds to be connected with the offence although not of a kind specified in the warrant, or to be connected with any other offence, and he or she believes on reasonable grounds that it is necessary to seize that thing to prevent its concealment, loss, destruction or use in committing, continuing or repeating either offence the warrant shall be deemed to authorise him or her to seize that thing.