Document ID: chunk:federal_register_of_legislation:C2025C00034:section:244
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 244
Character Range: 393863–395538

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 the thing may be seized under a *search warrant, or the thing suggests the existence of a *digital asset that 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 or the thing suggests the existence of a digital asset that may be seized under a search warrant;
 (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.