Last Updated: 1 August 2022

[IDC 21] Search warrants21 

21
(1) A Magistrate may, upon written application—
  • (a)from a customs officer stating that the customs officer has reasonable grounds to suspect or believe that an offence against section 4 has been committed; or
  • (b)from a police officer stating that the police officer has reasonable grounds to suspect or believe that an offence against this Act has been committed,

and stating that there is in or on any place evidence or information relating to the commission of that offence, if he or she is satisfied that there are such reasonable grounds, issue a warrant authorising the search of that place.

(2) Any warrant issued pursuant to subsection (1) authorises any customs officer, any police officer, any assistants appointed under section 23 and any persons authorised under section 29
  • (a)at any time to enter upon and search the place;
  • (b)to search and detain for the purpose of search—
    • (i)any person found at or in the place;
    • (ii)any person about to enter the place; and
    • (iii)any goods at the place, including any goods in the apparent control of any person referred to in paragraphs (i) and (ii); and
  • (c)to seize—
    • (i)any evidence or information reasonably suspected to relate to the commission of the offence;
    • (ii)any illicit drug, controlled chemical or controlled equipment;
    • (iii)any goods reasonably suspected to have derived from an offence against this Act.