Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 1 - Search warrants  

Subdivision C - Executing search warrants  

SECTION 244   Moving things to another place for examination or processing  

244(1)    

A thing found at the * premises may be moved to another place for examination or processing in order to determine whether it may be seized under a * search warrant if:

(a) both of the following apply:

(i) there are reasonable grounds to believe that the thing contains or constitutes * tainted property or * evidential material;

(ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or

(b) the occupier of the premises consents in writing.

244(2)    
The thing may be moved to another place for examination or processing for no longer than 72 hours.

244(3)    
An * executing officer may apply to a magistrate for an extension of that time if the officer believes on reasonable grounds that the thing cannot be examined or processed within 72 hours.

244(4)    
The * executing officer must give notice of the application to the occupier of * premises, and the occupier is entitled to be heard in relation to the application.

244(5)    
If a thing is moved to another place under subsection (1), the * executing officer must, if it is practicable to do so:

(a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and

(b) allow the occupier or his or her representative to be present during the examination or processing.