New South Wales Consolidated Acts

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General authority conferred by search warrants

47A General authority conferred by search warrants

(cf former LEPRA, s 48)

(1) A search warrant authorises any executing officer for the warrant--
(a) to enter the subject premises, and
(b) to search the premises for things connected with a particular searchable offence in relation to the warrant.
Note : Section 67 requires that an occupier of the premises entered under a search warrant (other than a covert search warrant) be given notice on entry or as soon as practicable afterwards. Notice under a covert search warrant is not required to be given to the occupier on entry--see section 67A which permits the deferral of the giving of notice for up to 3 years in total in specified circumstances.
(2) If the search warrant is a covert search warrant, the executing officer is also authorised--
(a) to conduct the entry and search of the subject premises without the knowledge of any occupier of the subject premises, and
(b) if necessary to do so to enter and search the subject premises--to enter premises adjoining or providing access to the subject premises (
"adjacent premises" ) without the knowledge of the occupier of the adjacent premises, and
(c) to impersonate another person for the purposes of executing the warrant, and
(d) to do anything else that is reasonable for the purpose of concealing anything done in the execution of the warrant from the occupier of the premises.
Note : Other sections of this Act authorise other things to be done under search warrants.

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