Search Warrants Act 1997 (Tas)

Search Warrants Act 1997

An Act to authorise the use of search warrants and for related matters [Royal Assent 5 November 1997]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Search Warrants Act 1997 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – conveyance includes an aircraft, vehicle or vessel; evidential material means a thing relevant to an offence, including such a thing in electronic form; executing officer, in relation to a warrant, means – (a) the police officer named in the warrant by the issuing officer as being responsible for executing the warrant; or (b) if that police officer does not intend to be present at the execution of the warrant – another police officer whose name has been written in the warrant by the police officer so named; or (c) another police officer whose name has been written in the warrant by the police officer last named in the warrant; frisk search means – (a) a search of a person conducted by running the hands over the person's outer garments; and (b) an examination of anything worn by the person that is voluntarily removed by the person; issuing officer, in relation to a warrant to search premises, means a justice of the peace but does not include a magistrate; ordinary search means a search of a person or of articles in the possession of a person that may include – (a) requiring the person to remove his or her overcoat, coat, jacket or similar clothing and any gloves, shoes and hat; and (b) an examination of those items; person assisting, in relation to a warrant, means – (a) a person who is a police officer and who is assisting in executing the warrant; or (b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant; premises includes a place and a conveyance; seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody; thing relevant to an offence means – (a) anything with respect to which an offence against any law of the State has been committed or is suspected, on reasonable grounds, to have been committed; or (b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or (c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence; warrant means a warrant under this Act; warrant premises means premises in relation to which a warrant is in force.