ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

Commonwealth Numbered Acts

Statements in warrants

(1): If a magistrate issues a warrant under section 413, the magistrate is to state in the warrant:

(a): the offence to which the warrant relates; and
(b): a description of the premises to which the warrant relates or the name or description of a person to whom it relates; and
(c): the kinds of evidential material that are to be searched for under the warrant; and
(d): the name of the authorised officer who is to be responsible for executing the warrant; and
(e): the period for which the warrant remains in force, which must not be more than 7 days; and
(f): whether the warrant may be executed at any time or only during particular hours.

(a): that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found at the premises in the course of the search that the executing officer or an officer 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 against this Act, where the other offence is an indictable offence;

(b): whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or an officer assisting suspects on reasonable grounds that the person has any evidential material or eligible seizable items in his or her possession.

(3): For the purposes of this Act, 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 or jacket and any gloves, shoes and hat; and
(b): an examination of those items.

(a): that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found, in the course of the search, on or in the possession of the person or in an aircraft, vehicle or vessel that the person had operated or occupied at any time within 24 hours before the search began, being a thing that the executing officer or an officer 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 against this Act, where the other offence is an indictable offence;

(5): Paragraph (1)(e) does not prevent the issue of successive warrants in relation to the same premises or person.
(6): If the application for the warrant is made under section 416, this section applies as if paragraph (1)(e) referred to 48 hours rather than 7 days.

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