Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 3ZZCE

Use of equipment to examine or process things

Equipment may be brought onto warrant premises

             (1)  In executing a delayed notification search warrant, the executing officer or a person assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant.

Thing may be moved for examination or processing

             (2)  A thing found at the warrant premises may be moved to another place for examination or processing in order to determine whether it may be seized under the delayed notification search warrant if:

                     (a)  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; and

                     (b)  the executing officer or a person assisting suspects on reasonable grounds that the thing contains or constitutes a thing that may be seized under the warrant.

Note:          Sections 3ZZCG and 3ZZCH authorise operation of electronic equipment moved under this section.

Time limit on moving a thing

             (3)  The thing may be moved to another place for examination or processing for no longer than 14 days.

             (4)  An executing officer may apply to an eligible issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within 14 days or that time as previously extended.

             (5)  A single extension cannot exceed 7 days.

Equipment at warrant premises may be operated

             (6)  The executing officer or a person assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises, if the executing officer or person believes on reasonable grounds that:

                     (a)  the equipment is suitable for the examination or processing; and

                     (b)  the examination or processing can be carried out without damage to the equipment or the thing.



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