National Security Legislation Amendment Act 2010 (127 of 2010)

Schedule 5   Re-entry of premises in emergency situation

Crimes Act 1914

4   After section 3J

Insert:

3JA Extension of time to re-enter premises in emergency situations

(1) If:

(a) a warrant in relation to premises is being executed; and

(b) there is an emergency situation; and

(c) the executing officer or a constable assisting believes on reasonable grounds that the executing officer and the constables assisting will not be able to return to the premises within the 12 hour period mentioned in paragraph 3J(2)(aa);

he or she may apply to an issuing officer for an extension of that period.

(2) Before making the application, the executing officer or a constable assisting must, if it is practicable to do so, give notice to the occupier of the premises of his or her intention to apply for an extension.

(3) If an application mentioned in subsection (1) has been made, an issuing officer may extend the period during which the executing officer and constables assisting may be away from the premises if:

(a) the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

(b) the extension would not result in the period ending after the expiry of the warrant.