Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 92.5

Seizures without offence-related warrant in emergency situations

             (1)  This section applies when an * authorised officer is at premises under section 91-1 or by virtue of a warrant issued under section 92-2.

             (2)  If the * authorised officer suspects, on reasonable grounds, that:

                     (a)  a thing relevant to an offence against this Act is at premises; and

                     (b)  it is necessary to exercise a power under paragraph (d) or (e) in order to prevent the thing from being concealed, lost or destroyed; and

                     (c)  it is necessary to exercise the power without the authority of a warrant under section 92-3 because the circumstances:

                              (i)  relate to the health and safety of a care recipient; and

                             (ii)  are so serious and urgent;

the authorised officer may:

                     (d)  search the premises, and any receptacle at the premises for the thing; and

                     (e)  secure the thing pending the obtaining of a warrant to seize it, if he or she finds it there.

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