Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p19
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 46970–49673

under paragraph (6)(a) only if:

     (a) it is not practicable to put the relevant information in documentary form as mentioned in paragraph (6)(b) or to copy the information as mentioned in paragraph (6)(c); or

     (b) possession of the equipment by the occupier of the premises could constitute an offence.

"(8) If, in the course of searching for a particular thing in relation to a particular offence, an authorised officer acting under the warrant finds another thing that the officer believes, on reasonable grounds, to be:

     (a) a thing that will afford evidence as to the commission of an offence (although not the thing specified in the warrant); or

     (b) a thing that will afford evidence as to the commission of another offence against this Act;

and the officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is to be taken to authorise the officer to seize that thing.

Announcement before entry under warrant

"34F.(1) The authorised officer named in a warrant issued under section 34E must, before any person enters premises under the warrant:

     (a) announce that he or she is authorised by the warrant to enter the premises; and

     (b) give any person at the premises an opportunity to allow entry to the premises.

"(2) The authorised officer is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.

Details of warrant to be given to occupier etc.

"34G.(1) If a warrant issued under section 34E is being executed and the occupier of the premises is present at the premises, the authorised officer named in the warrant must make available to that person a copy of the warrant.

"(2) The authorised officer must identify himself or herself to the person at the premises.

"(3) The copy of the warrant need not include the signature of the magistrate who issued the warrant.

Continuance of warrants in certain circumstances

"34H.(1) If a warrant issued under section 34E is being executed, the authorised officer named in the warrant and any officers assisting that officer may, if the warrant is still in force, complete the execution of the warrant after temporarily ceasing its execution and leaving the premises:

  (a) for not more than one hour; or

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

  "(2) If:

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

  (b) the