Crimes Act 1914

Part IAAA - Delayed notification search warrants  

Division 3 - Exercise of powers under delayed notification search warrants  

SECTION 3ZZCB   Specific powers available to person executing warrant  
Photography

(1)    
In executing a delayed notification search warrant, the executing officer or a person assisting may, for a purpose incidental to the execution of the warrant, take photographs (including video recordings) of the warrant premises or of things at the warrant premises.

Completion of execution of warrant after brief interruption

(2)    
If a delayed notification search warrant in relation to premises is being executed, the executing officer and the persons assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises:


(a) for not more than one hour; or


(b) for not more than 24 hours, or such longer period as allowed by an eligible issuing officer under section 3ZZCC , if they leave the premises:


(i) because of an emergency situation; or

(ii) to reduce the risk of discovery of the fact that a law enforcement officer has been on the premises.


Completion of execution of warrant after court proceedings

(3)    
If:


(a) the execution of a delayed notification search warrant is stopped by an order of a court; and


(b) the order is later revoked or reversed on appeal; and


(c) the warrant is still in force;

the execution of the warrant may be completed.





This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.