Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 244

Moving things to another place for examination or processing

(1) A thing found at the * premises may be moved to another place for examination or processing in order to determine whether it may be seized under a * search warrant if:

(a)
both of the following apply:

(i)
there are reasonable grounds to believe that the thing contains or constitutes * tainted property or * evidential 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 officer may apply to a magistrate for an extension of that time if the officer believes on reasonable grounds that the thing cannot be examined or processed within 72 hours. (4) The * executing officer must give notice of the application to the occupier of * premises, and the occupier is entitled to be heard in relation to the application. (5) If a thing is moved to another place under subsection (1), the * executing officer must, if it is practicable to do so:

(a)
inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and

(b)
allow the occupier or his or her representative to be present during the examination or processing.



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