Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 2
-
Search warrants
SECTION 3J
Specific powers available to constables executing warrant
(1)
In executing a warrant in relation to premises, the executing officer or a constable assisting 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 in relation to premises is being executed, the executing officer and the constables assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises:
(a)
for not more than one hour; or
(aa)
if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under section
3JA
; 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.
History
S 3J(2) amended by No 127 of 2010, s 3 and Sch 5 item 3, by inserting para (aa), effective 25 November 2010.