Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:7_48aa
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 7 cl 48AA
Character Range: 227928–229614

48AA  Completing execution of warrant under section 50 after temporary cessation
 (1) This section applies if an authorised person who is executing a warrant under section 50 in relation to premises temporarily ceases its execution and leaves the premises.
 (2) The authorised person may complete the execution of the warrant if:
 (a) the warrant is still in force; and
 (b) the authorised person is absent from the premises:
 (i) for not more than 1 hour; or
 (ii) if there is an emergency situation, for not more than 12 hours or such longer period as allowed by a magistrate under subsection (5); or
 (iii) for a longer period if the occupier of the premises consents in writing.

Application for extension in emergency situation
 (3) An authorised person may apply to a magistrate for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if:
 (a) there is an emergency situation; and
 (b) the authorised person believes on reasonable grounds that the authorised person will not be able to return to the premises within that period.
 (4) If it is practicable to do so, before making the application, the authorised person must give notice to the occupier of the premises of his or her intention to apply for an extension.

Extension in emergency situation
 (5) A magistrate may extend the period during which the authorised person may be away from the premises if:
 (a) an application is made under subsection (3); and
 (b) the magistrate is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and
 (c) the extension would not result in the period ending after the warrant ceases to be in force.