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AGED CARE ACT 1997 - SECT 92.3

Offence-related warrants

             (1)  An * authorised officer may apply to a magistrate for a warrant under this section in relation to particular premises.

             (2)  Subject to subsection (3), a magistrate may issue the warrant if satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, at the premises a particular thing, including information, that may afford evidence of the commission of an offence against this Act.

             (3)  A magistrate must not issue the warrant unless the * authorised officer or someone else has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

             (4)  The warrant must:

                     (a)  authorise an * authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable, to do any of the following:

                              (i)  to enter the premises;

                             (ii)  to search the premises for the thing;

                            (iii)  if the thing is found, to take photographs (including video recordings) of the premises or thing, to take samples of the thing, to seize the thing or to undertake more than one of those activities;

                     (b)  if the thing is, or includes, information in a written or electronic form--authorise the authorised officer to exercise the powers set out in subsections (5), (6) and (7) in respect of the thing;

                     (c)  state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night;

                     (d)  specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect;

                     (e)  state the purpose for which the warrant is issued.

             (5)  If the thing referred to in subsection (2) is, or includes, information in a written or electronic form, an * authorised officer may operate equipment at premises referred to in the warrant to see whether the information is contained in:

                     (a)  the equipment; or

                     (b)  a disk, tape or other storage device that:

                              (i)  is at the premises; and

                             (ii)  can be used with or is associated with the equipment.

             (6)  If the * authorised officer, after operating equipment at the premises, finds that the equipment contains the information, or that a disk, tape or other storage device at the premises contains the information, he or she may:

                     (a)  seize the equipment or the disk, tape or other storage device; or

                     (b)  if the information can, by using facilities at the premises, be put in documentary form--operate the facilities to put the information in that form and seize the documents so produced; or

                     (c)  if the information can be transferred to a disk, tape or other storage device:

                              (i)  that is brought to the premises; or

                             (ii)  that is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the information to the storage device and remove the storage device from the premises.

             (7)  An * authorised officer may seize equipment under paragraph (6)(a) only if:

                     (a)  it is not practicable to put the relevant information in documentary form as mentioned in paragraph (6)(b) or to copy the information as mentioned in paragraph (6)(c); or

                     (b)  possession by the occupier of the equipment could constitute an offence.

             (8)  If, in the course of searching for a particular thing in relation to a particular offence, an * authorised officer finds another thing that the authorised officer believes, on reasonable grounds, to be:

                     (a)  a thing that will afford evidence as to the commission of an offence (although not the thing specified in the warrant); or

                     (b)  a thing that will afford evidence as to the commission of another offence against this Act;

and the authorised officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is to be taken to authorise the authorised officer to seize that thing.

Note:          An * authorised officer who is at premises under this section may require any person present to answer questions under section 92-7.



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