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s 41D

Occupier entitled to watch search etc

In force
Part 6Enforcement
Division 6.3Warrants

41D Occupier entitled to watch search etc

(1)

If the occupier of premises is present at the premises while a warrant is being executed, the occupier is entitled to watch the authorised officer, and any person assisting the officer, conduct any search and exercise any other power authorised by the warrant.

(2)

However, the occupier is not entitled to watch the authorised officer or a person assisting the officer exercise the powers if—

(a)

to do so would interfere with the powers being exercised; or

(b)

the occupier is under arrest and allowing them to watch the powers being exercised would interfere with the objective of the warrant.

(3)

This section does not prevent a person from exercising powers under this part in 2 or more areas of the premises at the same time.

Division 6.4 Power to seize things

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