Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p8
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 17632–20270

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 executing officer or a constable assisting must make available to that person a copy of the warrant.

"(2)  If a warrant in relation to a person is being executed, the executing officer or a constable assisting must make available to that person a copy of the warrant.

"(3) If a person is searched under a warrant in relation to premises, the executing officer or a constable assisting must show the person a copy of the warrant.

"(4) The executing officer must identify himself or herself to the person at the premises or the person being searched, as the case may be.

"(5)  The copy of the warrant referred to in subsections (1) and (2) need not include the signature of the issuing officer or the seal of the relevant court.

Specific powers available to constables executing warrant

"3J.(1) In executing a warrant in relation to premises, the executing officer or a constable 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 (including video recordings) of the premises or of things at the premises.

"(2) If a warrant in relation to premises is being executed, the executing officer and the constables 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 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.

Use of equipment to examine or process things

"3K.(1) The executing officer or constable assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized under the warrant.

  "(2) If:

    (a) it is not practicable to examine or process the things at the warrant premises; or

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

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant.

"(3) If things are moved to another place for the purpose of examination