134J
In forceOccupier entitled to be present during search etc
Part 7Administration
Division 7.4Search warrants
134J Occupier entitled to be present during search etc
(1)
If an occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the occupier or the other person is entitled to observe the search being conducted.
(2)
However, the person is not entitled to observe the search if—
(a)
to do so would impede the search; or
(b)
the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search.
(3)
This section does not prevent 2 or more areas of the premises being searched at the same time.
This Act’s bill:Explanatory statementSecond reading speech
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