Biosecurity Act 2023
195Moving things to another place for inspection,
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195 Moving things to another place for inspection, processing or testing under search warrant (1) A thing found at premises entered under a search warrant may be moved to another place for inspection, processing or testing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates;
Return and forfeiture of things seized Division 12.4 (ii) it is significantly more practicable to do so considering the timeliness and cost of inspection, processing or testing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for inspection, processing or testing for not longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes on reasonable grounds that the thing cannot be inspected, processed or tested within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the occupier of the premises the address of the place where, and time when, the inspection, processing or testing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the inspection, processing or testing. (6) The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.