# Completing execution of search warrant after temporary cessation

> act-s487Q — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

487Q Completing execution of search warrant after temporary
        cessation
          (1) This section applies if an authorised officer, and all persons
              assisting, who are executing a search warrant in relation to
              premises temporarily cease its execution and leave the premises.
          (2) The authorised officer, and persons assisting, may complete the
              execution of the search warrant if:
                (a) the warrant is still in force; and
               (b) the authorised officer and persons assisting are absent from
                    the premises:
                      (i) for not more than 1 hour; or
                     (ii) if there is an emergency situation, for not more than 12
                          hours or such longer period as allowed by an issuing
                          officer under subsection (5); or
                    (iii) for a longer period if the occupier of the premises
                          consents in writing.










               Application for extension in emergency situation
          (3) An authorised officer, or person assisting, may apply to an issuing
              officer for an extension of the 12-hour period mentioned in
              subparagraph (2)(b)(ii) if:
                (a) there is an emergency situation; and
               (b) the authorised officer or person assisting reasonably believes
                    that the authorised officer and the persons assisting will not
                    be able to return to the premises within that period.
          (4) If it is practicable to do so, before making the application, the
              authorised officer or person assisting must give notice to the
              occupier of the premises of his or her intention to apply for an
              extension.

               Extension in emergency situation
          (5) An issuing officer may extend the period during which the
              authorised officer and persons assisting may be away from the
              premises if:
                (a) an application is made under subsection (3); and
               (b) the issuing officer is satisfied, by information on oath or
                    affirmation, that there are exceptional circumstances that
                    justify the extension; and
                (c) the extension would not result in the period ending after the
                    search warrant ceases to be in force.