Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 268CR

Powers without warrant in emergency situations

             (1)  This section applies when an authorised officer is on premises under section 268CA if the officer reasonably suspects that:

                     (a)  a thing relevant to an offence against this Act or the regulations, the Crimes Act 1914 or the Criminal Code is on the premises; and

                     (b)  it is necessary to exercise a power under subsection (2) in order to prevent the thing from being concealed, lost or destroyed; and

                     (c)  it is necessary to exercise the power without the authority of a monitoring warrant because the circumstances are so serious and urgent.

             (2)  The authorised officer may:

                     (a)  search the premises, and any receptacle on the premises, for the thing; and

                     (b)  seize the thing if he or she finds it there; and

                     (c)  exercise the powers mentioned in subsections 268CI(2) and (3) in relation to the thing.



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