crimes act 1900 nsw amendments

(2)  A thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to determine whether it may be seized under a warrant 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)  the executing officer or constable assisting suspects on reasonable grounds that the thing contains or constitutes evidential material; or                     (b)  for a thing found at warrant premises—the occupier of the premises consents in writing; or                     (c)  for a thing found during a search under a warrant that is in force in relation to a person—the person consents in writing.Notification of examination or processing and right to be present             (3)  If a thing is moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:                     (a)  inform the person referred to in paragraph (2)(b) or (c) (as the case requires) of the address of the place and the time at which the examination or processing will be carried out; and                     (b)  allow that person or his or her representative to be present during the examination or processing. The child need not be involved in the proceeding or the initiation of the proceeding. (4)  Where a person is discharged in pursuance of an order made under subsection (1), the court shall, as soon as practicable, cause the order to be reduced to writing and a copy of the order to be given to, or served on, the person. (1)  The Attorney‑General must, before the end of a non‑parole period fixed for one or more federal sentences imposed on a person, either make, or refuse to make, an order directing that the person be released from prison on parole (a Note:          See subsection (5) if the person is subject to a State or Territory sentence. (6)  In exercising powers under this section:                     (a)  the police officer may use such assistance; and                     (b)  the police officer, or a person who is also a police officer and who is assisting the police officer, may use such force against persons and things; and                     (c)  a person (other than a police officer) who is authorised by the police officer to assist the police officer may use such force against things;as is necessary and reasonable in the circumstances. (1AA)  If a law of a State or Territory requires or permits a person or authority other than a court to take action to impose a penalty described in subsection (1AB) for failure to pay a fine, the law applies under subsection (1) as if the law did not require or permit the person or authority to take the action but instead:                     (a)  allowed any person to apply to a court of summary jurisdiction of the State or Territory for an order imposing the penalty; and                     (b)  allowed the court to make the order; and                     (c)  provided for the order to have the same effect that the taking of the action by the person or authority has under the law without the modifications made by or under this subsection; and                     (d)  were subject to any prescribed modifications consequential on the other modifications described in this subsection, or facilitating the operation of the law with those modifications.

Nothing in this Act shall derogate from any power or privilege of either House of the Parliament or of the members or committees of either House of Parliament as existing at the commencement of this Act. (1A)  Subsection (1) does not apply to a failure by a person to comply with a condition of an order (other than a failure constituted by the commission by the person of an offence) unless the information is laid before the end of the period for which the person is required by the order to give security to be of good behaviour. Reporting on delayed notification search warrants             (1)  The executing officer in relation to a delayed notification search warrant, or the applicant for the warrant, must give a written report on the warrant to the chief officer of the authorised agency. (2)  The court must not give leave under subsection (1) unless satisfied that the vulnerable person’s ability to testify under cross‑examination will not be adversely affected if the defendant conducts the cross‑examination.

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