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COMMONWEALTHAct
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s 85D

Specific powers available to officer executing warrant

In force
Part 6Surveillance and enforcement
Division 1Officers

85D Specific powers available to officer executing warrant

(1)

In executing a warrant, the executing officer or a person helping may:

(a)

for a purpose incidental to the execution of the warrant; or

(b)

if the occupier of the premises consents in writing;

take photographs (including video recordings) of the premises or of things at the premises.

(2)

If a warrant is being executed, the executing officer or a person helping may, if the warrant is still in force, complete the execution of the warrant after the officer and all persons helping temporarily cease its execution and leave the premises:

(a)

for not more than one hour; or

(b)

for a longer period if the occupier of the premises consents in writing.

(3)

If:

(a)

the execution of a warrant is stopped by an order of a court; and

(b)

the order is later revoked or reversed on appeal; and

(c)

the warrant is still in force;

the execution of the warrant may be completed.

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