Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 92

92 Powers under search warrants

(1) An authorised commission officer has the following powers under a search warrant (
"search warrant powers" )—

(a) power to enter the place stated in the warrant (the
"relevant place" ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section;

(b) power to pass over, through, along or under another place to enter the relevant place;

(c) power to search the relevant place for anything sought under the warrant;

(d) power to open anything in the relevant place that is locked;

(e) power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant;

(f) power to detain a person found at the relevant place for the time taken to search the place if the officer reasonably suspects the person has been involved in the unlawful activity, the confiscation related activity or the qualifying offence;

(g) power to dig up land;

(h) power to seize a thing found at the relevant place, or on a person found at the relevant place, that the officer reasonably suspects may be evidence of the commission of the unlawful activity or an indictable offence or confiscation related evidence;

(i) power to muster, hold and inspect any animal the officer reasonably suspects may be evidence of the commission of the unlawful activity or confiscation related evidence;

(j) power to photograph anything the officer reasonably suspects may be evidence of the commission of the unlawful activity or confiscation related evidence;

(k) power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for evidence of the commission of the unlawful activity or confiscation related evidence.

(2) Also, an authorised commission officer has the following powers if authorised under a search warrant (also
"search warrant powers" )—

(a) power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person;

(b) power to do whichever of the following is authorised—

(i) to search anyone or anything in or on or about to board, or be put in or on, a vehicle;

(ii) to take a vehicle to, and search for evidence of the commission of the unlawful activity that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.

(3) Power to do anything at the relevant place that may cause structural damage to a building may be exercised only if the warrant—

(a) authorises the exercise of the power; and

(b) is issued by a Supreme Court judge.

(4) In this section—

"qualifying offence" , for a search warrant, means the qualifying offence, or suspected qualifying offence, to which the warrant relates.

"unlawful activity" , for a search warrant, means the major crime or corruption to which the warrant relates.