FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)
PART 4
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AUDIT POWERS
DIVISION 5
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RIGHTS AND OBLIGATIONS RELATING TO THE OBTAINING AND EXECUTION OF WARRANTS GENERALLY
SECTION 40 (Repealed by 74 of 2006)
OCCUPIER ENTITLED TO BE PRESENT DURING EXERCISE OF POWERS UNDER A WARRANT
40(1)
If:
(a) a monitoring warrant or a search warrant in relation to premises is being executed; and
(b) a person who is the occupier of the premises or another person who apparently represents the occupier is present at the premises;
40(2)
The right to observe the exercise of powers ceases if the person impedes the exercise of those powers.
40(3)
This section does not prevent the exercise of powers under the warrant in 2 or more areas of the premises at the same time.
40(1)
If:
(a) a monitoring warrant or a search warrant in relation to premises is being executed; and
(b) a person who is the occupier of the premises or another person who apparently represents the occupier is present at the premises;
then the person is entitled to observe the exercise of powers under the warrant.
40(2)
The right to observe the exercise of powers ceases if the person impedes the exercise of those powers.
40(3)
This section does not prevent the exercise of powers under the warrant in 2 or more areas of the premises at the same time.
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