Obligations

Question 1

Section 125

Answer 1

Reason for search
Act (Search and Surveillance Act 2012)
Name or unique identifier (Produce ID if not in uniform.
BORA
Promptly provide inventory of items taken.

Question 2

Section 131

Answer 2

Reason for search.
Act (Search and Surveillance Act 2012)
Intention to enter.
Name or unique identifier (Produce ID if not in uniform).
Copy of Search Warrant if executing a Search Warrant.
BORA.

Question 3

Post search process

Answer 3

Provide a copy of the Search Warrant if not done already.
Provide a copy of warrantless search notice and an inventory of items seized.
Reporting use of powers (resulting Section 6 Search Warrant or Section 169 for Warrantless search.

Question 4

Privileged material

Answer 4

Material gained through communication with:

Legal advisors
Ministers of religion
Medical Practitioners
Clinical Psychologists
Informers (Informants)
Journalists

There are set procedures when a search involves privileged material held by a specified person.

You must:
Ensure that the person or their representative is present when the search is undertaken.
Give the person a reasonable opportunity to claim privilege.
Provide an inventory of items seized.
If when executing a search power (Sec.6 or otherwise) and you have RTGB anything discovered is privileged you must provide opportunity to the subject to claim privilege.

Subject of search must provide you with a list of items they claim are privileged.
Subject of the search has a right to object to seizure of privileged material.
You should not examine or base any investigation on material claimed as privileged.