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National Security Legislation Amendment Bill 2010

Schedule 5 Re-entry of premises in emergency situation

   

Crimes Act 1914

1  Subsection 3C(1)

Insert:

emergency situation , in relation to the execution of a warrant in relation to premises, means a situation that the executing officer or a constable assisting believes, on reasonable grounds, involves a serious and imminent threat to a person’s life, health or safety that requires the executing officer and constables assisting to leave the premises.

2  Subsections 3E(1) and (2)

Omit “by information on oath”, insert “, by information on oath or affirmation,”.

3  After paragraph 3J(2)(a)

Insert:

                    (aa)  if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under section 3JA; or

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.

5  Subsection 3L(7)

Omit “the issuing officer”, substitute “an issuing officer”.