ACTIn ForceAct
Building Act 2004
134KMoving things to another place for examination or
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134K Moving things to another place for examination or
processing
(1) A thing found at premises entered under a search warrant may be
moved to another place for examination or processing 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;
(ii) 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; or
(b) the occupier of the premises agrees in writing.
(2) The thing may be moved to another place for examination or
processing for not longer than 72 hours.
(3) A building inspector may apply to a magistrate for an extension of
time if the inspector believes on reasonable grounds that the thing
cannot be examined or processed within 72 hours.
(4) The building inspector 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 building
inspector must, if practicable—
(a) tell the occupier of the premises the address of the place where,
and time when, the examination or processing will be carried
out; and
(b) allow the occupier or the occupier’s representative to be present
during the examination or processing.
(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.
Building code and recognised standards Division 8.1
Part 8 Building code, recognised
standards etc
Division 8.1 Building code and recognised
standards
136 Building code
building code means—
(a) the Building Code of Australia prepared and published by the
Australian Building Codes Board as amended from time to time
by—
(i) the Australian Building Codes Board; and
(ii) the Australian Capital Territory Appendix to the Building
Code of Australia; and
(b) a document prescribed by regulation.
Note 1 The date that each version of the BCA comes into effect in the ACT can
be found in the ‘History of Amendments’ or ‘History of BCA Adoption’
parts in the BCA itself. However, a different date of effect may be
prescribed by regulation or in an amendment of the BCA made by an
Australian Capital Territory Appendix to the Building Code of Australia.
Note 2 See also s 136A (Regulation under s 136 (1), def building code and
Legislation Act, s 47).
(2) To remove any doubt, the Building Code of Australia includes the
variations, additions and exclusions for the ACT contained in the
code, including in an appendix to the code.
Note The BCA does not include the Guide to Volume One published by the
Australian Building Codes Board.
(3) The Minister may make an Australian Capital Territory Appendix to
the Building Code of Australia.