Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_233a
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 233A
Character Range: 118603–120501

233A  Completing execution of warrant after temporary cessation
 (1) This section applies if an authorised compliance officer, and all persons assisting, who are executing an investigation warrant in relation to premises temporarily cease its execution and leave the premises.
 (2) The authorised compliance officer, and persons assisting, may complete the execution of the warrant if:
 (a) the warrant is still in force; and
 (b) the authorised compliance officer and persons assisting are 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 compliance officer 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 compliance officer believes on reasonable grounds that the authorised compliance officer and the persons assisting 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 compliance officer or person assisting must give notice to the occupier of the premises of the intention to apply for an extension.

Extension in emergency situation
 (5) A magistrate may extend the period during which the authorised compliance officer and persons assisting 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.