Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p20
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 49467–52136

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 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 expert assistance in executing warrants

"34J.(1) If the authorised officer named in a warrant issued under section 34E believes on reasonable grounds that:

     (a) evidential material may be accessible by operating electronic equipment at the premises to which the warrant relates; and

  (b) expert assistance is required to operate the equipment; and

     (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

"(2) The authorised officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

  "(3) The equipment may be secured:

  (a) for a period not exceeding 24 hours; or

  (b) until the equipment has been operated by the expert;

whichever happens first.

"(4) If the authorised officer believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period.

"(5) The authorised officer must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.

"(6) The provisions of section 34E relating to the issue of a warrant apply, with such modifications as are necessary, to the issuing of an extension.

Warrants may be granted by telephone etc.

"34K.(1) If, because of circumstances of urgency, an authorised officer thinks it necessary to do so, the officer may apply for a warrant under section 34E by telephone, telex, facsimile or other electronic means under this section.

"(2) Before making such an application, an authorised officer must prepare information of the kind mentioned in subsection 34E(2) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.

"(3) If a magistrate to whom an application under this section is made is satisfied:

     (a) after having considered the terms of the information prepared under subsection (2); and

     (b) after having