CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 2 - Search warrants  

SECTION 3J   Specific powers available to constables executing warrant  

(1)  
In executing a warrant in relation to premises, the executing officer or a constable assisting may:


(a) for a purpose incidental to the execution of the warrant; or


(b) if the occupier of the premises consents in writing;

take photographs (including video recordings) of the premises or of things at the premises.

(2)  
If a warrant in relation to premises is being executed, the executing officer and the constables 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


(aa) if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under section 3JA ; or


(b) for a longer period if the occupier of the premises consents in writing.

(3)  
If:


(a) the execution of a 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.




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