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 241   Occupier entitled to be present during search  

241(1)    
If an occupier of * premises, or another person who apparently represents the occupier, is present at the premises while a * search warrant is being executed, the occupier or person has the right to observe the search being conducted.

241(2)    
However, the right ceases if:


(a) the person impedes the search; or


(b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search.

241(3)    
This section does not prevent 2 or more areas of the * premises being searched at the same time.


 

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