34.23 Search Warrant - Criminal Law Amendment Act, 1935 Section 19

What this form is for

• • Use when a search under Section 19 of the 1935 Act is required.
• • Do not use for searches covered by the Criminal Justice (Forensic Evidence) Act 2016.
• • If the search is for a non‑criminal matter, a different civil warrant form applies.
• • When the search involves a protected site (e.g., archaeological monument), an additional schedule may be needed.
• • For urgent searches, request an expedited hearing rather than using the standard form.

Use this form or another form?

Deadline or filing window

The warrant must be applied for before any entry; there is no fixed calendar deadline, but the request should be made as soon as the investigative need is identified.

Before you submit

• • All parties' names spelled correctly
• • Exact address of premises entered
• • Statutory ground cited (Section 19, 1935 Act)
• • Signature of authorised police officer
• • Date of application
• • Supporting affidavit attached
• • Correct court registry selected
• • Copy of the completed form retained
• • If filing electronically, PDF format confirmed

How to file this form

1. 1Prepare supporting affidavit and gather evidence.
2. 2Complete Form 34.23 on paper or electronically.
3. 3Sign and date the form as required.
4. 4Attach the affidavit and any additional documents.
5. 5Deliver to the appropriate District Court registry or upload via e‑filing.
6. 6Obtain the issued warrant copy from the court clerk.
7. 7Distribute the warrant to the investigating officers.

Known limitations

• • Only applicable to searches under the 1935 Act; not for newer legislation.
• • Does not cover electronic data interception.
• • Requires a court judge or registrar to sign; cannot be self‑issued.
• • Limited to criminal investigations; civil matters need other forms.