New South Wales Repealed Acts

This legislation has been repealed.

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) AMENDMENT ACT 2014 - SCHEDULE 4

SCHEDULE 4 – Amendment of Law Enforcement (Powers and Responsibilities) Regulation 2005

[1] Clause 8A

Insert after clause 8:

8A Receipts for things seized under covert search warrant

(1) A person who seizes a thing while executing a covert search warrant must, at the time the occupier's notice under section 67 of the Act is served (the
"time of notification" ) on the person who was the occupier of the subject premises at the time the warrant was executed, provide the occupier of the premises with a receipt acknowledging seizure of the thing.

(2) However, any such receipt is not required to be provided at the time of notification if an eligible issuing officer issues a certificate to the effect that:

(a) the receipt contains matter:

(i) that could disclose a person's identity, and

(ii) that, if disclosed, is likely to jeopardise that or any other person's safety, or

(b) the receipt contains matter that, if disclosed, may seriously compromise the investigation of any matter.

[2] Clause 10 Keeping and inspection of records

Insert "or 8A" after "clause 8" in clause 10 (1) (d).

[3] Clause 10 (7)

Insert after clause 10 (6):

(7) In the case of a crime scene warrant under Part 7 of the Act that relates to more than one set of premises, subclause (6) (a) authorises the occupier of premises, or a person acting on behalf of the occupier, to inspect only so much of the documents as relate to the premises of the occupier.

[4] Schedule 1 Forms

Insert in Form 19 at the end of the matter appearing under the heading " Challenging the issue or execution of the warrant ":

Under section 94A of the Law Enforcement (Powers and Responsibilities) Act 2002 you have, if you are the occupier of private premises, the right to apply to an authorised officer to have the warrant reviewed.

[5] Schedule 1, Form 20

Insert after item 4:

*4A [To be completed in the case of a crime scene warrant.] The warrant was executed in relation to [Specify address of premises in relation to which crime scene warrant was executed.]