Table Of Contents

Search Warrants Regulation 1999

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Search Warrants Act 1985.

JEFFREY WILLIAM SHAW, Q.C., M.L.C.Attorney General
1   Name of Regulation
This Regulation is the Search Warrants Regulation 1999.
2   Commencement
This Regulation commences on 1 September 1999.
3   Definitions
(1)  In this Regulation:
Part 2 search warrant means a search warrant issued under Part 2 of the Act in respect of an indictable offence, a firearms offence, a prohibited weapons offence, a narcotics offence or a thing stolen or otherwise unlawfully obtained.
the Act means the Search Warrants Act 1985.
(2)  In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.
(3)  The explanatory note and table of contents do not form part of this Regulation.
4   Form of application for search warrant: section 11
For the purposes of section 11 of the Act:
(a)  Form 1 is the form for an application for a Part 2 search warrant, and
(b)  Form 2 is the form for an application for any other search warrant.
5   Form of search warrant: section 14
For the purposes of section 14 of the Act:
(a)  Form 3 is the form for a Part 2 search warrant, and
(b)  Form 4 is the form for any other search warrant.
6   Form of occupier’s notice: section 15
For the purposes of section 15 (2) of the Act:
(a)  Form 5 is the form for an occupier’s notice in relation to a Part 2 search warrant, and
(b)  Form 6 is the form for an occupier’s notice in relation to any other search warrant.
7   Receipts for things seized
A person who seizes a thing while executing a search warrant in any premises must provide the occupier of the premises with a receipt acknowledging seizure of the thing if the occupier is then present and it is reasonably practical to do so.
8   Form of report to authorised justice on execution of a search warrant: section 21
A report to an authorised justice under section 21 of the Act must be in or to the effect of Form 7 and must contain the particulars required to complete that Form.
9   Keeping and inspection of records: section 13
(1)  The following documents must be kept in relation to each search warrant that is issued:
(a)  the application for the warrant,
(b)  a copy of the occupier’s notice,
(c)  the report on the execution of the warrant.
(2)  The documents must be kept at the Local Court specified in the occupier’s notice for at least 6 years from the date on which the search warrant was issued, but may be destroyed after that period has expired.
(3)  During the hours that the Local Court is open to the public, the documents may be inspected by the occupier of the premises to which the search warrant relates or by any other person on behalf of the occupier.
10   Certified records not available for inspection
(1)  An authorised justice may at any time issue a certificate to the effect that the justice is satisfied that:
(a)  a document or part of a document referred to in clause 9 contains matter:
(i)  that could disclose a person’s identity, and
(ii)  that, if disclosed, is likely to jeopardise that or any other person’s safety, or
(b)  a document or part of a document referred to in clause 9 contains matter that, if disclosed, may seriously compromise the investigation of any matter.
(2)  The document or part of the document to which the certificate relates is not to be made available for inspection under clause 9 (3).
(3)  The certificate is to be kept with the document to which it relates.
(4)  An authorised justice (whether or not the one that issued the certificate) may revoke the certificate if satisfied (after consideration of submissions from any interested party) that disclosure of the matter to which it relates is no longer likely to jeopardise any person’s safety or seriously compromise the investigation of any matter.
11   Repeal
(1)  The Search Warrants Regulation 1994 is repealed.
(2)  Any act, matter or thing that, immediately before the repeal of the Search Warrants Regulation 1994, had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1 Forms
(Clause 3 (2))
Form 1   Application for Part 2 search warrant(1)
(Clause 4 (a))
(Search Warrants Act 1985)
On ............................................................
(date)
 
I, .................... of ............................................................
(name)
(rank)
(place of work)
apply for a search warrant to enter and search the premises known as ............................................................
............................................................
............................................................
(address)
 
in the State of New South Wales, being a ............................................................
............................................................
(description of premises, e.g. dwelling house)
I swear/solemnly, sincerely and truly declare and affirm(2) that:
1  I have reasonable grounds for believing that there is, or within 72 hours there will be, on or in the premises, the following things:(3)
............................................................
............................................................
............................................................
2  I have reasonable grounds for believing that:(2)
(a)  the things are connected with the following indictable offence/firearms offence/prohibited weapons offence/narcotics offence(2) within the meaning of the Search Warrants Act 1985 (s. 5 (2)):(4)
............................................................
............................................................
............................................................
(b)  the things were stolen or otherwise unlawfully obtained.
3  The grounds on which I rely are:(5)
............................................................
............................................................
............................................................
............................................................
4  (To be completed if a previous application for the warrant has been made and refused.)(6)
The following are details of the refusal of the previous application:
............................................................
............................................................
............................................................
(The following need not be completed if the previous application was made to an authorised justice who was not a Magistrate and this application is made to a Magistrate.)
The additional information which I consider justifies the making of this further application is:
............................................................
............................................................
............................................................
............................................................
Sworn/declared and affirmed(2) before me on the .......... day
of ............................................................
at ............................................................
in the State of New South Wales

....................(Applicant’s signature)
Justice of the Peace(7)............................................................
[lhrule]
(1)   
This Form is to be used for warrants in relation to indictable, firearms, prohibited weapons and narcotics offences and for stolen goods. Form 2 should be used for other warrants.
(2)   
Delete whichever is inapplicable.
(3)   
List items to be searched for. If exact location of items is known, include that information.
(4)   
Insert description of offence.
(5)   
Insert the reasonable grounds on which the application for the search warrant is based. If space is insufficient continue overleaf or attach a separate sheet.
(6)   
Attach copy of previous application to this Form.
(7)   
This may be sworn before the authorised justice to whom the application is made for the issue of the warrant. Any alterations, deletions and annexures should be initialled or signed by the applicant and witnessed by the justice of the peace.
IT IS AN OFFENCE UNDER SECTION 12B OF THE SEARCH WARRANTS ACT 1985 TO GIVE INFORMATION IN THIS APPLICATION KNOWING IT IS FALSE OR MISLEADING IN A MATERIAL PARTICULAR. THE MAXIMUM PENALTY IS A FINE OF $11,000 AND 2 YEARS IMPRISONMENT.
FOR OFFICE USE ONLY
(Note—
In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the authorised justice for record purposes as if it were made in person by the applicant but not on oath.)
Authorised Justice’s Record of Application for a Search Warrant
On ............................................................
(date)
 
at ........................................ a.m./p.m.
I, the undersigned authorised justice, received this application for a search warrant.
1(1)  
(a)  The application was made in person.
(b)  The application was made by facsimile transmission/telephone(1) and I was/was not(1) satisfied that the warrant was required urgently and it was/was not(1) practicable for the application to be made in person.
2  On considering the application I found/did not find(1) that there were reasonable grounds for issuing the warrant.
(If warrant is issued—continue)
3  The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows:(2)
............................................................
............................................................
............................................................
............................................................
4  (To be completed if the warrant may be executed by night.)
The grounds on which I relied to justify the execution of the warrant by night are as follows(1):
(a)  execution of the warrant by day is unlikely to be successful,
(b)  there is likely to be less risk to the safety of any person,
(c)  an occupier is likely to be on the premises only at night to allow entry without the use of force,
(d)  ............................................................
............................................................
............................................................
............................................................
5  The search warrant was issued at .......... a.m./p.m.
on ............................................................
 
(date)
 
Signed ....................
 
(Authorised Justice)(3)
[lhrule]
(1)   
Delete whichever is inapplicable.
(2)   
Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient continue overleaf or attach a separate sheet.
(3)   
Return this Form, together with a copy of the warrant and a copy of the occupier’s notice to the Local Court named in the occupier’s notice.
Note—
If the time for expiry of the warrant is subsequently extended under section 20 of the Search Warrants Act 1985, the authorised justice should note that fact on this Form.
Form 2   Application for search warrant (other than a Part 2 search warrant)(1)
(Clause 4 (b))
(Search Warrants Act 1985)
On ............................................................
(date)
 
I, .............................................,
(name)
 
being a person with authority to apply for a search warrant under section .......... of the
................................... Act ..........,(2)
apply for a search warrant to enter the premises known as ............................................................
............................................................
(address)
 
in the State of New South Wales, being a ............................................................
............................................................
(description of premises, e.g. dwelling house)
I swear/solemnly, sincerely and truly declare and affirm(3) that:(3)
1  
(a)  I am an authorised officer/inspector/ authorised person(3) employed by ............................................................
(b)  I am a police officer of the rank of ............................................................
stationed at ............................................................
(c)  I am(4)............................................................
2  I have reasonable grounds for believing the following matters which justify this application for the issue of a search warrant:(5)
............................................................
............................................................
............................................................
............................................................
3  I seek to be able to perform the following specific functions on entry:(6)
............................................................
............................................................
............................................................
4  (To be completed if a previous application for the warrant has been made and refused.)(7)
The following are details of the refusal of the previous application:
............................................................
............................................................
............................................................
(The following need not be completed if the previous application was made to an authorised justice who was not a Magistrate and this application is made to a Magistrate.)
The additional information which I consider justifies the making of this further application is:
............................................................
............................................................
............................................................
............................................................
Sworn/declared and affirmed(3) before me on the .......... day
of ............................................................
at ............................................................
in the State of New South Wales

....................(Applicant’s signature)
Justice of the Peace(8)............................................................
[lhrule]
(1)   
This Form is to be used for all warrants (except Part 2 search warrants). An application for a Part 2 search warrant (indictable, firearms, prohibited weapons and narcotics offences and stolen goods) should not be on this Form but should be on Form 1.
(2)   
Insert the Act and section under which the search warrant is sought.
(3)   
Delete whichever is inapplicable.
(4)   
Where (a) and (b) are not applicable to describe the person authorised to seek a search warrant, use (c) and describe the person seeking the warrant and any authority required.
(5)   
Include all those matters which justify the issue of a search warrant to enter the named premises. If an offence or breach of an Act or Regulation is alleged, specify the particular offence. If the experience of the applicant or source of the information is relevant, then include this in the grounds. If space is insufficient continue overleaf or attach a separate sheet.
(6)   
Include the powers which the applicant seeks to exercise on entry. If any items are to be seized they should be specified. If the exact location of these items is known, include that information. General powers which are given under the Act authorising the issue of the search warrant should be included where relevant.
(7)   
Attach copy of previous application to this Form.
(8)   
This application may be sworn before the authorised justice to whom the application is made for the issue of the warrant.
IT IS AN OFFENCE UNDER SECTION 12B OF THE SEARCH WARRANTS ACT 1985 TO GIVE INFORMATION IN THIS APPLICATION KNOWING IT IS FALSE OR MISLEADING IN A MATERIAL PARTICULAR. THE MAXIMUM PENALTY IS A FINE OF $11,000 AND 2 YEARS IMPRISONMENT.
FOR OFFICE USE ONLY
(Note—
In the case of an application by telephone (but not by facsimile), this Form of application should be completed by the authorised justice for record purposes as if it were made in person by the applicant but not on oath.)
Authorised Justice’s Record of Application for a Search Warrant
On ............................................................
(date)
 
at ........................................ a.m./p.m.
I, the undersigned authorised justice, received this application for a search warrant.
1(1)  
(a)  The application was made in person.
(b)  The application was made by facsimile transmission/telephone(1) and I was/was not(1) satisfied that the warrant was required urgently and it was/was not(1) practicable for the application to be made in person.
2  On considering the application I found/did not find(1) that there were reasonable grounds for issuing the warrant.
(If warrant is issued—continue)
3  The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows:(2)
............................................................
............................................................
............................................................
4  (To be completed if the warrant may be executed by night.)
The grounds on which I relied to justify the execution of the warrant by night are as follows(1):
(a)  execution of the warrant by day is unlikely to be successful,
(b)  there is likely to be less risk to the safety of any person,
(c)  an occupier is likely to be on the premises only at night to allow entry without the use of force,
(d)  ............................................................
............................................................
............................................................
5  The search warrant was issued at ..... a.m./p.m.
on ............................................................
(date)
 
Signed ............................................................
(Authorised Justice)(3)
[lhrule]
(1)   
Delete whichever is inapplicable.
(2)   
Either identify or specify the relevant particulars of the grounds in the application that are relied on. If space is insufficient continue overleaf or attach a separate sheet.
(3)   
Return this Form, together with a copy of the warrant and a copy of the occupier’s notice to the Local Court named in the occupier’s notice.
Note—
If the time for expiry of the warrant is subsequently extended under section 20 of the Search Warrants Act 1985, the authorised justice should note that fact on this Form.
Form 3   Part 2 search warrant
(Clause 5 (a))
(Search Warrants Act 1985)
This search warrant expires at ..... a.m./p.m. on ............................................................
(date)
and must not be used after that time.
Note—
If no time for expiry is specified above, the warrant expires 72 hours after the time it was issued or, in the case of a telephone warrant, 24 hours after the time it was issued.
On .......................................................,
(date)
 
............................................................
(name of authorised justice)
 
a justice authorised and empowered to issue search warrants under Part 2 of the Search Warrants Act 1985, granted this search warrant authorising ............................................................
......................... of ............................................................
(name)
(rank)
(place of work)
(the applicant), a police officer, and all other police officers:
1  to enter between the hours of 6.00 a.m. and 9.00 p.m. .............................................
.............................................(1)
the premises known as ............................................................
............................................................
............................................................
(address)
 
being a ............................................................
(description of premises, e.g. dwelling house)
and
2  there to search those premises for any of the following things:(2)
............................................................
............................................................
............................................................
being things that the police officer has reasonable grounds for believing:
(a)  are connected with the offence(s) of:
............................................................
(b)  are stolen or unlawfully obtained.
In executing this search warrant the applicant may exercise the powers provided by the Search Warrants Act 1985. These include the power to:
(a)  Enter the named premises.
(b)  Search for the things mentioned in this warrant.
(c)  Use any persons necessary to assist in the search.
(d)  Use any force that is reasonably necessary to enter the premises and to open any receptacle on those premises for the purposes of the search.
(e)  Search any persons on the premises who are reasonably suspected of having on them a thing mentioned in this warrant.
(f)  Arrest any persons found on the premises whom a police officer reasonably suspects of having committed an offence in relation to a thing seized pursuant to this warrant.
(g)  Remove or guard anything found pursuant to this warrant and hold those things until directed by a court or magistrate.
Signed by me
............................................................
(Print name)(3)
 
............................................................
(Signature)
 
Date ............................................................
[lhrule]
(1)   
If there is a need for execution by night, specify the other times.
(2)   
List and describe the things to be searched for with particularity. If space is insufficient continue overleaf or attach a separate sheet. Delete paragraph (a) or (b) if inapplicable.
(3)   
Where the application is made in person or by facsimile transmission, the authorised justice should sign and date the warrant and initial any corrections. In the case of a telephone search warrant in circumstances where facsimile facilities are not available, the justice should use this Form as a copy of the terms of the warrant and the applicant should complete the warrant in the terms dictated by the justice and then sign and date the warrant.
Note—
The applicant must deliver this search warrant when reporting to the issuing justice within 10 days of the execution or, if not executed, the expiry of the warrant.
Form 4   Search warrant—other than a Part 2 warrant
(Clause 5 (b))
(Search Warrants Act 1985)
This search warrant expires at .. a.m./p.m. on ............................................................
 
(date)
and must not be used after that time.
Note—
If no time for expiry is specified above, the warrant expires 72 hours after the time it was issued or, in the case of a telephone warrant, 24 hours after the time it was issued.
On .............................................,
(date)
 
............................................................
(name of authorised justice)
 
a justice authorised and empowered to issue search warrants under section ..... of the .............................. Act(1)
granted this search warrant authorising ............................................................
 
(name)
.................... of .......... (the applicant), and(2)
(designation, etc)
 
............................................................
1  to enter between the hours of 6.00 a.m. and 9.00 p.m.
............................................................
.........................(3) the premises known as
............................................................
............................................................
(address)
 
and being a(4)............................................................
(description of premises, e.g. dwelling house)
and
2  there to(5)............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
In executing this search warrant the applicant may exercise the powers provided by the Search Warrants Act 1985 and the above Act. These include the power to:
(a)  Enter the named premises.
(b)  Use any persons necessary to assist in the execution of this warrant.
(c)  Use any force that is reasonably necessary to enter the premises and to open any receptacle on the premises for the purposes of the search.
(d)  (6)............................................................
............................................................
............................................................
............................................................
Signed by me
............................................................
(Print name)(7)
 
............................................................
(Signature)
 
Date ............................................................
[lhrule]
(1)   
Insert the Act and section under which the warrant is issued.
(2)   
Add any additional necessary person (e.g. a police officer) who is required to accompany applicant.
(3)   
If there is a need for execution by night, specify the other times.
(4)   
Note any restriction under the enabling Act on the category of places that can be entered.
(5)   
Specify the type of search or inquiry and the purpose of the search or inquiry to be performed on entry. Functions on entry must be within those authorised by the enabling Act. Specify with particularity anything to be seized. Specify the offence(s), if any, with respect to which search or inquiry is to be made.
(6)   
Specify (if relevant) any special additional powers of personal search, seizure, arrest, inspection, etc, provided under the enabling Act.
(7)   
Where the application is made in person or by facsimile transmission the authorised justice should sign and date the warrant and initial any corrections. In the case of a telephone search warrant in circumstances where facsimile facilities are not available, the justice should use this Form as a copy of the terms of the warrant and the applicant should complete the warrant in the terms dictated by the justice and then sign and date the warrant.
Note—
The applicant must deliver this search warrant when reporting to the issuing justice within 10 days after the execution of the warrant, or if not executed, within 10 days after the expiry of the warrant.
Form 5   Occupier’s notice for a Part 2 warrant
(Clause 6 (a))
(Search Warrants Act 1985)
IMPORTANT INFORMATION FOR OCCUPIERS CONCERNING THE SEARCH WARRANT
A search warrant has been issued by an authorised justice. It gives the authority and power to the police to enter and search the premises at ............................................................
............................................................
............................................................
(address)
 
being a ............................................................
(description of premises, e.g. dwelling house)
Expiry
The search warrant will expire at.....a.m./p.m. on ............................................................
(date)
Force
The police may use such force as is reasonably necessary to enter and search the premises and to gain entry to or open any receptacle.
YOU HAVE THE RIGHT TO INSPECT THE SEARCH WARRANT BUT YOU MUST NOT HINDER OR OBSTRUCT THE SEARCH, AS TO DO SO MAY BE A CRIMINAL OFFENCE. UNDER SECTION 9 OF THE SEARCH WARRANTS ACT 1985, THE MAXIMUM PENALTY FOR OBSTRUCTING OR HINDERING A SEARCH WITHOUT REASONABLE EXCUSE IS A FINE OF $11,000 AND 2 YEARS IMPRISONMENT.
What can be seized
The police can seize any of the things mentioned in the warrant and anything which they find, while executing the search warrant, which is believed on reasonable grounds to be connected with any offence.
The powers given by the search warrant
The things the police are empowered to search for are:(1)............................................................
............................................................
............................................................
The police also have the power to:
(a)  Guard or take away anything seized under the warrant.
(b)  Search any persons on the premises who are reasonably suspected of having a thing on them which is mentioned in the warrant.
(c)  Arrest any person who is reasonably suspected of committing an offence in relation to anything seized.
Issue details
The search warrant was granted by ............................................................
an authorised justice under the Search Warrants Act 1985 on
............................................................
(date)
at ....................
(time)
 
The warrant was issued on the application of ............................................................
............................................................
(name of police officer)
 
of ............................................................
(rank)
 
(place of work)
Basis for the issue of the warrant
The warrant was granted on the basis that the authorised justice found that there were reasonable grounds for the issue of the warrant and, in particular, that the applicant police officer had reasonable grounds to believe that there were on the premises the things listed above which were(2):
(a)  Things connected with the following offence of ............................................................
.............................................(1)
or
(b)  Things stolen or otherwise unlawfully obtained.
Challenging the issue of the warrant or the conduct of the search
If you are dissatisfied with the issue of the warrant or the conduct of the search you should seek legal advice. This advice may assist you to decide whether your rights have been infringed and what action you can take. If your rights have been infringed you may be entitled to a legal remedy.
You should keep this notice as it will assist you if you seek advice.
You should produce this notice at the court when seeking to inspect the application.
Limitations on the powers conferred
1  The warrant must be executed before the date and time of expiry given above.
2  Any force used must be reasonably necessary.
3  The warrant authorises entry only between the hours of 6.00 a.m. and 9.00 p.m. unless other times are specified on the warrant.
4  The warrant must be shown to you if you ask to see it.
5  Nothing other than the things mentioned in the warrant can be seized unless it was found by a police officer while executing the search and the officer believes on reasonable grounds that it is connected with any offence.
Inspection
The application for the warrant, written reasons for the issue of the warrant and other associated documents are to be held at(3)............................................................
Local Court. You may seek to inspect those documents by arrangement with that Court.
Signed .............................. Date ............................................................
(Authorised Justice/Applicant Officer)(4)
 
[lhrule]
(1)   
If space is insufficient continue overleaf or attach separate sheet.
(2)   
Delete whichever is inapplicable.
(3)   
Insert the Local Court to which the issuing justice is attached or to which it is intended to forward the documentation.
(4)   
In the case of telephone search warrants in circumstances where facsimile facilities are not available, the notice must be signed by the applicant officer. In cases of application in person or by facsimile transmission, the authorised justice must sign the notice.
Form 6   Occupier’s notice otherwise than for a Part 2 warrant
(Clause 6 (b))
(Search Warrants Act 1985)
IMPORTANT INFORMATION FOR OCCUPIERS CONCERNING THE SEARCH WARRANT
A search warrant has been issued by an authorised justice. It gives the authority and power to the persons named in the search warrant to enter and search the premises at ............................................................
............................................................
(address)
 
being a ............................................................
(description of premises, e.g. dwelling house)
Expiry
The search warrant will expire at .. a.m./p.m. on ............................................................
(date)
Force
The persons granted the power to enter under the warrant may use such force as is reasonably necessary to gain entry to the premises and to carry out the purposes of the warrant.
YOU HAVE THE RIGHT TO INSPECT THE SEARCH WARRANT BUT YOU MUST NOT HINDER OR OBSTRUCT THE PERSONS EXECUTING IT, AS TO DO SO MAY BE A CRIMINAL OFFENCE. UNDER SECTION 9 OF THE SEARCH WARRANTS ACT 1985, THE MAXIMUM PENALTY FOR OBSTRUCTING OR HINDERING A SEARCH WITHOUT REASONABLE EXCUSE IS A FINE OF $11,000 AND 2 YEARS IMPRISONMENT.
The powers given by the search warrant
The search warrant gives the power to the persons executing it to:
(a)  Enter the named premises.
(b)  Search for/inspect the following things:(1)............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
(c)  Perform the following functions:(2)............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
(d)  Exercise such other powers as are specified in the ......................... Act .....,(3) including
............................................................
............................................................
Issue details
The search warrant was granted by ............................................................
an authorised justice under ....................(3)
on ......................... at ............................................................
(date)
(time)
The search warrant was issued on the application of(4).............................. who is ............................................................
............................................................
Basis for the issue of the warrant
The warrant was granted on the basis that the authorised justice found that there were reasonable grounds for the issue of the warrant and, in particular, that the applicant had reasonable grounds to believe:(5)
............................................................
............................................................
............................................................
............................................................
............................................................
Challenging the issue of the warrant or conduct of the search
If you are dissatisfied with the issue of the warrant or the conduct of the people executing the warrant you should seek legal advice. This advice may assist you to decide whether your rights have been infringed and what action you can take. If your rights have been infringed you may be entitled to a legal remedy.
You should keep this notice as it will assist you if you seek advice.
You should produce this notice at the court when seeking to inspect the application.
Limitations on the powers conferred
1   
The warrant must be executed before the date and time of expiry given above.
2   
Any force used must be reasonably necessary.
3   
The warrant authorises entry only between the hours of 6.00 a.m. and 9.00 p.m. unless other times are specified on the warrant.
4   
The warrant must be shown to you if you ask to see it.
5   
Only functions and powers authorised under the warrant or by the Act authorising the issue of the warrant may be performed.
Inspection
The application for the warrant, written reasons for the issue of the warrant and other associated documents are to be held at(6)............................................................
Local Court. You may seek to inspect those documents by arrangement with that Court.
Signed .............................. Date ............................................................
(Authorised Justice/Applicant Officer)(7)
[lhrule]
(1)   
List the items to be searched for.
(2)   
List the powers and functions that are specified in the Act authorising the issue of a search warrant specifically required by the applicant.
(3)   
Insert Act and section under which the warrant was issued.
(4)   
Insert name, address, title (e.g. inspector) and the organisation to which applicant belongs.
(5)   
Insert in summary form the grounds on which the search warrant was issued.
(6)   
Insert the Local Court to which the issuing justice is attached or to which it is intended to forward the documentation.
(7)   
In the case of telephone search warrants in circumstances where facsimile facilities are not available, the notice must be signed by the applicant officer. In cases of application in person or by facsimile transmission, the authorised justice must sign the notice.
Form 7   Report to authorised justice on the execution of a search warrant(1)
(Clause 8)
(Search Warrants Act 1985)
This report is made to the authorised justice who issued the attached search warrant.(2)
(If the Warrant was not executed)
1  The warrant was not executed for the following reasons:
............................................................
............................................................
............................................................
(If the Warrant was executed)
2  The warrant was executed on ............................................................
 
(day)
at ............... a.m./p.m. on ............................................................
(date)
3  The result of the execution of the warrant (including a description of the things seized) is briefly as follows:(3)
............................................................
............................................................
............................................................
............................................................
4  The things seized are now in the custody of(4)............................................................
5  The occupier’s notice was not served/served on(5)............................................................
Signed ............................................................
Date .................... Name ............................................................
Rank or Designation ............................................................
Place of Work ............................................................
Date of Receipt of Report by Authorised Justice ............................................................

Signed ............................................................
 
(Authorised Justice)
[lhrule]
(1)   
This report must be made within 10 days after the execution of the warrant or the expiry of the warrant, whichever first occurs.
(2)   
Unless completed on the back of the warrant, attach the original warrant issued by the authorised justice or telephone search warrant completed by the applicant.
(3)   
If a receipt is given for anything seized, attach copy.
(4)   
Specify the person who has responsibility for the safekeeping of the things seized. Unless the security of the things seized is thereby endangered, specify the place where they are held.
(5)   
Specify manner of service and on whom notice was served.
Note—
On completion of the Report, forward the Report and attachments to the Local Court named in the Occupier’s Notice.