New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 67

67 Notice to occupier of premises entered pursuant to warrant

(cf Search Warrants Act 1985 , s 15)

(1) An eligible issuing officer is to prepare and give an occupier's notice to the person to whom the eligible issuing officer issues a warrant.

(2) An occupier's notice--

(a) is to be in the form prescribed by the regulations, and

(b) must specify the following--

(i) the name of the person who applied for the warrant,

(iii) the date and the time when the warrant was issued,

(iv) the address or other description of the premises the subject of the warrant, and

(c) must contain a summary of the nature of the warrant and the powers conferred by the warrant.

(3) An occupier's notice under this section may be served personally or in such other manner as the eligible issuing officer who issued the warrant may direct.

(4) Time for service of notice--warrant other than a covert search warrant A person executing a warrant other than a covert search warrant must--

(a) on entry into or onto the premises or as soon as practicable after entry, serve the occupier's notice on a person who appears to be an occupier of the premises and to be of or above the age of 18 years, or

(b) if no such person is then present in or on the premises, serve the occupier's notice on the occupier of the premises within 48 hours after executing the warrant.

(5) If an occupier's notice cannot practicably be served on a person in accordance with subsection (4)(b), the eligible issuing officer who issued the warrant may, by order, direct that, instead of service, such steps be taken as are specified in the order for the purpose of bringing the occupier's notice to the attention of the occupier.

(6) An order under subsection (5) may direct that the occupier's notice be taken to have been served on the occupier on the happening of a specified event or on the expiry of a specified time.

(7) Service in accordance with an order under subsection (5) is taken to constitute personal service for the purposes of subsection (4).

(8) Time for service of notice--covert search warrant A person executing a covert search warrant must serve the occupier's notice on the person who was the occupier of the subject premises at the time the covert search warrant was executed as soon as practicable after the warrant is executed, unless the service of the notice is postponed under section 67A.