Search Warrants (Consequential Amendments) Act 1997

Search Warrants (Consequential Amendments) Act 1997

An Act to amend certain Acts consequential on the enactment of the Search Warrants Act 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 (Consequential Amendments) Act 1997 .

2.   Commencement

This Act commences on the day on which the Search Warrants Act 1997 commences.

3.   Amendment of Acts

The Acts specified in Schedule 1 are amended in the manner specified in that Schedule.

SCHEDULE 1 - Consequential amendments

Section 3

1.    Section 77 is amended as follows:

(a) by omitting subsections (1) , (2) and (3) ;

(b) by omitting from subsection (4) "this section" and substituting "a warrant issued under the Search Warrants Act 1997 ".

1.    Section 39 is amended by omitting subsections (4) , (5) and (6) .

2.    Section 39(7) is amended by omitting " subsection (4) (c) " and substituting "a warrant issued under the Search Warrants Act 1997 ".

1.    Section 136 is repealed and the following section is substituted:

136.   Records or documents seized under search warrants

(1)  If a record or document that appears to indicate that an offence under this Act has been, is being or is about to be committed has been seized under a warrant issued under the Search Warrants Act 1997  –

(a) it may be retained for as long as is necessary to enable it to be inspected and for copies or abstracts to be taken; and

(b) it may be inspected and copies or abstracts of it may be taken at any reasonable time by a person who would be entitled to inspect it if it had not been so seized.

(2)  If a person has a lien on any thing seized under a warrant issued under the Search Warrants Act 1997 , anything done under the warrant in relation to the thing seized does not prejudice the lien.

1.    Section 82(2) is amended by omitting ", 90A ,".

2.   Section 84(1) is amended by omitting "90A, or 90B" and substituting "90B or under a warrant issued under the Search Warrants Act 1997".

3.    Section 90A is repealed and the following section is substituted:

90A.   Powers of police officers executing search warrants

(1)  A police officer executing a warrant issued under the Search Warrants Act 1997 in relation to premises may –

(a) arrest any person on the premises whom the police officer believes on reasonable grounds to be committing or to have committed an offence under this Act; and

(b) search any person found on the premises and detain any such person for that purpose.

(2)  For the purposes of enabling the execution of a warrant referred to in subsection (1) , a police officer may use such animals or devices and be accompanied by such assistants as the police officer considers necessary, and every such assistant has, while in the company of the police officer named in the warrant, the same powers to execute the warrant as the police officer.

4.   Section 90D(1) is amended by omitting "90A, or 90B" and substituting "90B or under a warrant issued under the Search Warrants Act 1997".

5.   Section 90D(3) is amended by omitting "90A or 90B" and substituting "90B or under a warrant issued under the Search Warrants Act 1997".

1.    Section 59 is repealed.

2.   Schedule II is amended by omitting forms II, III, IV, V and VI.

[Second reading presentation speech made in:

House of Assembly on 1 OCTOBER 1997

Legislative Council on 16 OCTOBER 1997]