Section 268CR — Powers without warrant in emergency situations
CurrentPart 2—Arrival, presence and departure of persons · Division 14A—Monitoring compliance with student visa conditions · Subdivision C—Searching education providers’ premises · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
View on the Federal Register of LegislationOn this page
- Provision
- Section 268CR
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 268CR — Powers without warrant in emergency situations
268CR Powers without warrant in emergency situations
(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.

