Australian Capital Territory Current Acts

HERITAGE ACT 2004 - SECT 92

    (1)     A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if—

        (a)     both of the following apply:

              (i)     there are reasonable grounds for believing that the thing is or contains something to which the warrant relates;

              (ii)     it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or

        (b)     the occupier of the premises agrees in writing.

    (2)     The thing may be moved to another place for examination or processing for no longer than 72 hours.

    (3)     An authorised person may apply to a magistrate for an extension of time if the authorised person believes, on reasonable grounds, that the thing cannot be examined or processed within 72 hours.

    (4)     The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application.

    (5)     If a thing is moved to another place under this section, the authorised person must, if practicable—

        (a)     tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and

        (b)     allow the occupier or the occupier's representative to be present during the examination or processing.

    (6)     The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.