Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 241

Occupier entitled to be present during search

  (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.

  (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.

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



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