Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 92.6

Discovery of evidence

             (1)  If:

                     (a)  an * authorised officer who enters under a warrant under section 92-3 finds the thing ( evidence ) which the authorised officer entered the premises to find; and

                     (b)  the officer seizes the evidence;

the authorised officer:

                     (c)  may keep the evidence so seized for 60 days; and

                     (d)  if proceedings are instituted within 60 days after the seizure and the evidence may be used in the proceedings--may keep the evidence so seized until the proceedings (including any appeal to a court in relation to the proceedings) are terminated; and

                     (e)  must allow it to be inspected at any reasonable time by anyone who would be entitled to inspect it if it were not in the authorised officer's possession.

             (2)  If, in the course of searching premises entered under a warrant under section 92-3, the * authorised officer:

                     (a)  finds a thing that he or she believes, on reasonable grounds, to be:

                              (i)  a thing (other than the evidence mentioned in subsection (1)) that will afford evidence of the commission of the offence in relation to which the search was undertaken; or

                             (ii)  a thing that will afford evidence of the commission of another offence against this Act; and

                     (b)  the authorised officer believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction;

subsection (1) applies to the thing as if it were the evidence mentioned in that subsection.

             (3)  An * authorised officer may apply to a magistrate to extend the periods of time referred to in paragraphs (1)(c) and (d). The magistrate may extend the periods of time for so long as the magistrate considers necessary.



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