Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p28
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 67124–69777

her immediate control a copy of the warrant.

"(5) In this section:

'a copy of the warrant' means:

    (a) in relation to a warrant issued under section 198 or 203—a copy that includes the signature of the judicial officer who issued the warrant and the seal of the relevant court; and

    (b) in relation to a warrant issued under section 203M—a completed form of warrant that includes the name of the judicial officer who issued the warrant.

Occupier entitled to be present during search or seizure

"203H.(1) If a search warrant or a seizure warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the place where the warrant is executed, the person is, subject to Part 1C of the Crimes Act 1914, entitled to observe the search or seizure being conducted.

"(2) The right to observe the search or seizure being conducted ceases if the person impedes the search or seizure.

"(3) This section does not prevent 2 or more areas of the premises being searched at the same time.

Availability of assistance and use of force in executing a warrant

"203J. In executing a search warrant or a seizure warrant:

SCHEDULE 4—continued

    (a) the executing officer may obtain such assistance; and

    (b) the executing officer, or a person who is an authorised person and who is assisting in executing the warrant, may use such force against persons and things;

as is necessary and reasonable in the circumstances.

Specific powers available to executing officers

"203K.(1) In executing a search warrant or a seizure warrant in relation to premises, the executing officer or a person assisting may:

    (a) for a purpose incidental to the execution of the warrant; or

    (b) if the occupier of the premises consents in writing;

take photographs or video recordings of the premises or of things on or in the premises.

"(2) If a search warrant or a seizure warrant in relation to premises is being executed, the executing officer and the persons assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises:

    (a) for not more than one hour; or

    (b) for a longer period if the occupier of the premises consents in writing.

"(3) If:

    (a) the execution of a search warrant or of a seizure warrant is stopped by an order of a court; and

    (b) the order is later revoked or reversed on appeal; and

    (c) the warrant is still in force;

the execution of the warrant may be completed.

"(4) If:

    (a) the execution of a search warrant or