119Completing execution of warrant after temporary cessation

119 Completing execution of warrant after temporary cessation

(1) This section applies if a marine safety inspector, and all persons assisting, who are executing a warrant in relation to premises temporarily cease its execution and leave the premises.

(2) The marine safety inspector, and persons assisting, may complete the execution of the warrant if:

(a) the warrant is still in force; and

(b) the inspector and persons assisting are absent from the premises:

(i) for not more than 1 hour; or

(ii) if there is an emergency—for not more than 12 hours or such longer period as allowed by a magistrate under subsection (5); or

(iii) for a longer period if the occupier of the premises consents in writing.

(3) A marine safety inspector, or person assisting, may apply to a magistrate for an extension of the 12‑hour period mentioned in subsection (2)(b)(ii) if:

(a) there is an emergency; and

(b) the inspector or person assisting believes on reasonable grounds that the inspector and the persons assisting will not be able to return to the premises within that period.

(4) If it is practicable to do so, before making the application, the marine safety inspector or person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension.

(5) A magistrate may extend the period during which the marine safety inspector and persons assisting may be away from the premises if:

(a) an application is made under subsection (3); and

(b) the magistrate is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

(c) the extension would not result in the period ending after the warrant ceases to be in force.