ACTIn ForceAct
Water Resources Act 2007
91Moving things to another place for examination or
Start here
Get a plain-English read of 91
Turn the raw legal text into a practical explanation grounded in Water Resources Act 2007.
91 Moving things to another place for examination or
processing under search warrant
(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
Return and forfeiture of things seized Division 10.4
(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) An authorised officer may apply to a magistrate for an extension of
time if the authorised officer believes, on reasonable grounds, that the
thing cannot be examined or processed within 72 hours.
(4) The authorised officer 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
officer 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.