Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Identification and notice

134: Compliance with certain provisions may be deferred in certain circumstances

You could also call this:

"You can ask a Judge to delay following some search rules if it's not safe or might ruin an investigation."

If you are searching someone or something, you might need to follow certain rules, like those in section 131(4) or (5) or section 133. You can ask a Judge to delay doing what these rules say if you think it would put someone in danger or interfere with an ongoing investigation.

You can ask the Judge for a delay at the time you get a search warrant or within 7 days after you finish searching. If you are searching without a warrant, you can ask for a delay within 7 days after the search.

The Judge can delay what you need to do for up to 12 months if they think following the rules would put someone in danger or interfere with an investigation. They will look at whether there are good reasons to believe this might happen, and then make a decision based on that.

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"What happens to your stuff when it's taken during a search: you get a list of what's been seized."


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135: Further postponement of, or dispensation from, obligation to comply with certain provisions, or

"Asking for more time or to skip some rules to keep people safe or help with an investigation"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Identification and notice

134Compliance with certain provisions may be deferred in certain circumstances

  1. A person exercising a search power may apply to a Judge for a postponement of the obligation to comply with section 131(4) or (5) or 133 on the grounds that compliance would—

  2. endanger the safety of any person; or
    1. prejudice ongoing investigations.
      1. An application may be made under subsection (1),—

      2. in the case of an entry and search power that is a search warrant, at the time of the initial application or until the expiry of 7 days after the warrant is finally executed; or
        1. in the case of any other entry and search power, until the expiry of 7 days after the search power is exercised.
          1. On an application under subsection (1), the Judge may postpone for a specified period not exceeding 12 months the obligation to comply with section 131(4) or (5) or 133, if the Judge is satisfied that there are reasonable grounds for believing that compliance would—

          2. endanger the safety of any person; or
            1. prejudice ongoing investigations.