Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

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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 3P   Occupier entitled to be present during search  

(1)    

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If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject to Part IC , entitled to observe the search being conducted.

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History

S 3P(1) amended by No 41 of 2003, s 3 and Sch 3 item 16, by substituting ``Part IC'' for ``Part 1C'', effective 30 November 1994. For saving provision, see note under s 23C(7).

(2)    
The right to observe the search being conducted ceases if the person impedes the search.

(3)    
This section does not prevent 2 or more areas of the premises being searched at the same time.

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