Completing execution of warrant under section 50 after temporary cessation
48AA Completing execution of warrant under section 50 after temporary cessation
This section applies if all authorised persons, and all persons assisting the authorised persons, who are executing a warrant under section 50 in relation to premises temporarily cease its execution and leave the premises.
One or more of the authorised persons, and the persons assisting the authorised persons, may complete the execution of the warrant if:
the warrant is still in force; and
the authorised persons, and the persons assisting the authorised persons, are absent from the premises:
for not more than 1 hour; or
if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under subsection (5); or
for a longer period if the occupier of the premises consents in writing.
Application for extension in emergency situation
An authorised person, or a person assisting the authorised person, may apply to an issuing officer for an extension of the 12‑hour period mentioned in subparagraph (2)(b)(ii) if:
there is an emergency situation; and
the authorised person or person assisting the authorised person believes on reasonable grounds that the authorised person or person assisting the authorised person will not be able to return to the premises within that period.
If it is practicable to do so, before making the application, the authorised person or person assisting the authorised person must give notice to the occupier of the premises of his or her intention to apply for an extension.
Extension in emergency situation
An issuing officer may extend the period during which the authorised person may be away from the premises if:
an application is made under subsection (3); and
the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and
the extension would not result in the period ending after the warrant ceases to be in force.
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