Document ID: chunk:federal_register_of_legislation:C2021C00498:section:35
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 35
Character Range: 41180–42874

35  Completing execution of a search warrant after temporary cessation
 (1) This section applies if a constable who is executing a search warrant in relation to premises temporarily ceases its execution and leaves the premises.
 (2) The constable may complete the execution of the search warrant if:
 (a) the warrant is still in force; and
 (b) the constable is absent from the premises:
 (i) for not more than 1 hour; or
 (ii) if there is an emergency situation—for not more than 12 hours or such longer period as is allowed by the presiding member under subsection (5); or
 (iii) for a longer period if the occupier of the premises consents in writing.

Application for extension in emergency situation
 (3) A constable may apply to the Commission, or a member authorised in writing by the Commission, for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if:
 (a) there is an emergency situation; and
 (b) the constable believes on reasonable grounds that the constable will not be able to return to the premises within that period.
 (4) If it is practicable to do so, before making the application, the constable must give notice to the occupier of the premises of his or her intention to apply for an extension.

Extension in emergency situation
 (5) The presiding member may extend the period during which the constable may be away from the premises if:
 (a) an application is made under subsection (3); and
 (b) the presiding member is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and
 (c) the extension would not result in the period ending after the search warrant ceases to be in force.