Occupier entitled to be present during search etc
124 Occupier entitled to be present during search etc
If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a warrant is being executed, the person is entitled to observe the search being conducted.
However, the person is not entitled to observe the search if—
to do so would impede the search; or
the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search.
This section does not prevent 2 or more areas of the premises being searched at the same time.
Division 7.5 Return and forfeiture of things seized
This Act’s bill:Explanatory statementSecond reading speech
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