Document ID: chunk:federal_register_of_legislation:C2021C00498:section:31
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 31
Character Range: 38077–39553

31  Securing other things
 (1) A constable who enters premises under a search warrant may secure a thing for a period not exceeding 24 hours if:
 (a) the thing is found in or on the premises in the course of searching for documents or other things of the relevant kind under the warrant; and
 (b) the constable believes on reasonable grounds that the thing is:
 (i) relevant to an indictable offence; or
 (ii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and
 (c) the constable believes on reasonable grounds that it is necessary to secure the thing in order to prevent it from being concealed, lost, mutilated or destroyed before a warrant to seize the thing is obtained.
 (2) The constable may do whatever is necessary to secure the thing, including lock it up, place a guard or secure the thing by any other means.

Extensions
 (3) If the constable believes on reasonable grounds that the thing needs to be secured for more than 24 hours, the constable may apply to the Commission, or a member authorised in writing by the Commission, for an extension of that period.
 (4) The constable must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application.
 (5) The 24‑hour period may be extended more than once.