Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p11
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 24976–27705

that was appropriate in the circumstances.

Copies of seized things to be provided

"3N.(1) Subject to subsection (2), if a constable seizes, under a warrant relating to premises:

     (a) a document, film, computer file or other thing that can be readily copied; or

  (b) a storage device the information in which can be readily copied;

the constable must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.

  "(2) Subsection (1) does not apply if:

     (a) the thing that has been seized was seized under paragraph 3L(2)(b) or (c); or

     (b) possession by the occupier of the document, film, computer file, thing or information could constitute an offence.

Occupier entitled to be present during search

"3P.(1) If a 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 premises, the person is, subject to Part 1C, entitled to observe the search being conducted.

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

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

Receipts for things seized under warrant

"3Q.(1) If a thing is seized under a warrant or moved under subsection 3K(2), the executing officer or a constable assisting must provide a receipt for the thing.

"(2) If 2 or more things are seized or moved, they may be covered in the one receipt.

Warrants by telephone or other electronic means

"3R.(1) A constable may make an application to an issuing officer for a warrant by telephone, telex, facsimile or other electronic means:

  (a) in an urgent case; or

    (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

"(2) The issuing officer may require communication by voice to the extent that is practicable in the circumstances.

"(3)  An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn.

"(4) If an application is made to an issuing officer under this section and the issuing officer, after considering the information and having received and considered such further information (if any) as the issuing officer required, is satisfied that:

     (a) a warrant in the terms of the application should be issued urgently; or

     (b) the delay that would