New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 46C

46C Authority to apply for covert search warrant

(1) The following persons are authorised to apply for a covert search warrant--

(a) a police officer authorised to make the application by a police officer holding the rank of Superintendent or above,

(b) the Chief Commissioner or other Commissioner of the Law Enforcement Conduct Commission or a member of staff of that Commission authorised to make the application by the Chief Commissioner or the Commissioner for Integrity,

(c) the Commissioner or an Assistant Commissioner for the New South Wales Crime Commission or a member of staff of the New South Wales Crime Commission authorised to make the application by the Commissioner or an Assistant Commissioner.

(2) An authorisation to apply for a covert search warrant in respect of a searchable offence may be given in accordance with this section if the person giving the authorisation--

(a) suspects on reasonable grounds that there is, or within 10 days will be, in or on the premises a thing of a kind connected with the searchable offence, and

(b) considers that it is necessary for the entry and search of those premises to be conducted without the knowledge of any occupier of the premises.