Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

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History

Div 1A inserted by No 25 of 2001, s 3 and Sch 1 item 1, effective 4 May 2001.

Subdivision D - Provisions applicable both to search and seizure warrants  

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Subdiv D inserted by No 25 of 2001, s 3 and Sch 1 item 1, effective 4 May 2001.

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

107DD(1)    

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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.

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History

S 107DD amended by No 41 of 2003, s 3 and Sch 3 item 33, by substituting ``Part IC'' for ``Part 1C'', effective 4 May 2001.

Act No 41 of 2003, s 3 and Sch 4 item 42, contains the following saving provision:

42 Saving provision  
(1)
The amendments do not invalidate:

(a) an instrument made under, or referring to, a Part of the Crimes Act 1914 whose heading is repealed and substituted; or

(b) anything done under such an instrument or such a Part.

(2)
Subitem (1) has effect whether the instrument was made, or the thing was done, before or after this Act received the Royal Assent.

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.

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History

S 107DD inserted by No 25 of 2001, s 3 and Sch 1 item 1, effective 4 May 2001.

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