時間：2014-12-28 14:05來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (b)give any person at the premises an opportunity to allow entry to the premises. (2)An investigator is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure: (a) the safety of a person; or (b) that the effective execution of the warrant is not frustrated. 32AHB Assistance and force in executing a warrant In executing a warrant, the investigator executing the warrant may: (a)obtain the assistance that is necessary and reasonable in the circumstances; and (b) use the force against persons and things that is necessary and reasonable in the circumstances. 32AHC Copy of warrant to be shown to occupier etc. (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the investigator executing the warrant must make a copy of it available to the person. Section 32AHD (2)The investigator must identify himself or herself to the person at the premises. (3)The copy of the warrant need not include the signature of the magistrate who issued it. 32AHD Occupier entitled to watch search (1)The occupier of the premises, or another person who apparently represents the occupier, who is present at the premises, is entitled to watch the search. (2)The right to watch the search being conducted ceases if the occupier, or the person representing the occupier, impedes the search. (3)This section does not prevent 2 or more areas of the premises being searched at the same time. 32AHE Specific powers available to investigator executing a warrant (1)The investigator executing the warrant or a person assisting him or her may take photographs or video recordings of the premises or things on the premises: (a)for a purpose incidental to the execution of the warrant; or (b)with the written consent of the occupier of the premises. (2)The investigator executing the warrant and all people assisting him or her may, if the warrant is still in force, finish executing the warrant after all of them temporarily stop executing it and leave the premises: (a)for not more than one hour; or (b)for a longer period with the written consent of the occupier of the premises. (3)The execution of a warrant that is stopped by an order of a court may be completed if: (a)the order is later revoked or reversed on appeal; and (b)the warrant is still in force. Section 32AHF 32AHF Use of equipment to examine or process things (1)The investigator executing the warrant or a person assisting him or her may bring to the premises any equipment (including electronic equipment) reasonably necessary to examine or process things found at the premises in order to determine whether they are things that may be seized under the warrant. (2)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 if: (a)both of the following apply: (i)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; (ii) there are reasonable grounds to believe that the thing contains or constitutes evidential material; or (b)the occupier of the premises consents in writing. (3)If things are moved to another place for the purpose of examination or processing, the investigator 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. (4)The thing may be moved to another place for examination or processing for no longer than 72 hours. (5)An investigator may apply to a magistrate for one or more extensions of that time if the investigator believes on reasonable grounds that the thing cannot be examined or processed within 72 hours or that time as previously extended. (6)The investigator must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard in relation to the application. Section 32AHG (7)The investigator executing the warrant or a person assisting him or her may operate equipment (including electronic equipment) already on the premises to examine or process a thing found on the premises in order to determine whether it may be seized under the warrant, if the investigator or the person believes on reasonable grounds that: (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be carried out without damaging the equipment or thing. (8)A notice of the application given to the occupier of the premises is not a legislative instrument. 32AHG Use of electronic equipment at premises without expert assistance (1) The investigator executing the warrant or a person assisting him or her may operate electronic equipment on the premises to access data (including data not held at the premises) if he or she believes on reasonable grounds that: (a)the data might constitute evidential material; and (b)the equipment can be operated without damaging it. Note: An investigator can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 32AHI. (2) If the investigator or the person assisting him or her believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute evidential material, he or she may: (a)copy the data to a disk, tape or other associated device brought to the premises; or (b)if the occupier of the premises agrees in writing—copy the data to a disk, tape or other associated device at the premises; and take the device from the premises. |
