46D
CurrentOccupier entitled to be present during search
Part 4Monitoring powers
46D Occupier entitled to be present during search
(1)
If a warrant under section 46A is being executed and the occupier of the premises, or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.
(2)
The right to observe the search being conducted ceases if the person impedes 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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