Part IAAA - Delayed notification search warrants  

Division 3 - Exercise of powers under delayed notification search warrants  

SECTION 3ZZCC   Extension of time to re-enter premises left in emergency situation or to avoid discovery of law enforcement officer  


(a) a delayed notification search warrant in relation to premises is being executed; and

(b) the executing officer and the persons assisting (if any) leave the premises for a reason described in subparagraph 3ZZCB(2)(b)(i) or (ii); and

(c) the executing officer or a person assisting believes on reasonable grounds that the executing officer and the persons assisting will not be able to return to the premises within the 24-hour period mentioned in paragraph 3ZZCB(2)(b) ;

he or she may apply to an eligible issuing officer for an extension of that period.

If an application mentioned in subsection (1) has been made, an eligible issuing officer may extend the period during which the executing officer and persons assisting may be away from the premises if:

(a) the eligible issuing officer is satisfied, by information on oath or affirmation, that there are circumstances that justify the extension; and

(b) the extension would not result in the period ending after the expiry of the warrant.

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