Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 244

Moving things to another place for examination or processing

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

  (a)   both of the following apply:

  (i)   there are reasonable grounds to believe that the thing contains or constitutes * tainted property or * evidential material;

  (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 consents in writing.

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

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

  (4)   The * executing officer must give notice of the application to the occupier of * premises, and the occupier is entitled to be heard in relation to the application.

  (5)   If a thing is moved to another place under subsection   (1), the * executing officer must, if it is practicable to do so:

  (a)   inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and

  (b)   allow the occupier or his or her representative to be present during the examination or processing.


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