Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 221

    (1)     If the executing police officer or a person assisting believes on reasonable grounds that—

        (a)     target material may be accessible by operating electronic equipment at the premises; and

        (b)     expert assistance is required to operate the equipment; and

        (c)     if the officer or person does not take action, the material may be destroyed, altered or otherwise interfered with;

the officer or person may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

    (2)     The executing police officer or a person assisting must give written notice to the occupier of the premises of—

        (a)     the officer's or person's intention to secure the equipment; and

        (b)     the fact that the equipment may be secured for up to 24 hours.

    (3)     The equipment may be secured until the earliest of the following events happens:

        (a)     the end of 24 hours;

        (b)     the equipment is operated by the expert.

    (4)     If the executing police officer or a person assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, the officer or person may apply to the issuing officer to extend the period.

    (5)     The executing police officer or a person assisting must tell the occupier of the premises of the officer's or person's intention to apply for an extension, and the occupier is entitled to be heard on the application.

    (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.