Is that search warrant valid? Give me back my documents and computer files

A successful challenge to the validity of search warrants is a reminder that it is worth checking the fine print of these documents and having a plan in place in the event you are confronted with a search warrant at your business.

Seven West Media – a broadcaster and publisher – and a range of other entities and individuals successfully took the uncommon step of challenging search warrants and other notices issued by two State Magistrates at the request of the Australian Federal Police¹.

Those warrants and notices were issued following a formal application by agents of the Australian Federal Police (AFP) to a Magistrate, under the Proceeds of Crime Act 2002 (Cth) (POC Act). The applications were supported by affidavits from the AFP agents, which provided the magistrates the necessary factual background for the warrant to be issued.