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CRIME AND CORRUPTION ACT 2001 - SECT 98
Making of post-search approval order
98 Making of post-search approval order
(1) The magistrate may make a post-search approval order only if satisfied the
search was conducted in the context of a crime investigation and either of the
following apply— (a) in the circumstances existing before the search, there
were grounds for the authorised commission officer to reasonably suspect—
(i) a thing at or about the place, or in the possession of a person at or
about the place, was evidence of the commission of major crime being
investigated by the commission; and
(ii) unless the place was immediately
entered and searched— (A) the evidence may have been concealed or destroyed;
or
(B) the forensic value of the evidence may have been diminished;
(b)
having regard to the nature of the evidence found during the search, it is in
the public interest to make the order.
(2) The magistrate may also make an
order under section 118 or 119 , whether or not a post-search approval order
is made.
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