Occupier entitled to be present during search etc

In force

(1)

If the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the 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 statement Second reading speech

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36 Occupier entitled to be present during search etc