Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision D - Provisions applicable both to search and seizure warrants  

SECTION 107DD   OCCUPIER ENTITLED TO BE PRESENT DURING SEARCH OR SEIZURE  

107DD(1)  


If:


(a) a search warrant or a seizure warrant in relation to premises is being executed; and


(b) the occupier of the premises or another person who apparently represents the occupier is present at the place where the warrant is executed;

the person is, subject to Part IC of the Crimes Act 1914 , entitled to observe the search or seizure being conducted.

107DD(2)  
The right to observe the search or seizure being conducted ceases if the person impedes the search or seizure.

107DD(3)  
This section does not prevent 2 or more areas of the premises being searched at the same time.




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