LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 49A
Return or retrieval of thing seized or placed
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 49A
Return or retrieval of thing seized or placed
49A Return or retrieval of thing seized or placed
(1) A
covert search warrant may authorise the return of a thing seized under
section 49(1)(a), or the retrieval of a thing placed under section 49(2)(c),
if the warrant expressly authorises such a return or retrieval.
(2) If the
covert search warrant authorises the return or retrieval of a thing, the
subject premises may be re-entered by an executing officer, but only for the
purpose of returning or retrieving the thing (as the case may be).
(3) Any
re-entry to return or retrieve a thing must occur within 7 days of the first
entry under the covert search warrant (or such longer period as is allowed,
prior to the expiration of the 7-day period, by an eligible issuing officer).
(4) An executing officer authorised to re-enter premises and return or
retrieve a thing under this section may do so with the aid of such assistants
as the executing officer considers necessary.
