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StatuteMigration Act 1958

Section 268CR — Migration Act 1958: Powers without warrant in emergency situations

Text of the provision Official document

(1) This section applies when an authorised officer is on premises under section 268CA if the officer reasonably suspects that: (a) a thing relevant to an offence against this Act or the regulations, the Crimes Act 1914 or the Criminal Code is on the premises; and (b) it is necessary to exercise a power under subsection (2) 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 monitoring warrant because the circumstances are so serious and urgent. (2) The authorised officer may: (a) search the premises, and any receptacle on the premises, for the thing; and (b) seize the thing if he or she finds it there; and (c) exercise the powers mentioned in subsections 268CI(2) and (3) in relation to the thing.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.