Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 218

    (1)     A thing found at the premises may be moved to another place for examination or processing to decide whether it may be seized under a search warrant if—

        (a)     both of the following subparagraphs apply:

              (i)     there are reasonable grounds for believing that the thing is or contains target 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.

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

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

    (4)     The executing police officer must give notice of the application to the occupier of premises, and the occupier is entitled to be heard on the application.

    (5)     If a thing is moved to another place under this section, the executing police officer must, if practicable—

        (a)     tell the occupier of the address of the place, and when, the examination or processing will be carried out; and

        (b)     allow the occupier or the occupier's representative to be present during the examination or processing.

    (6)     The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.