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
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—
- endanger the safety of any person; or
- prejudice ongoing investigations.
An application may be made under subsection (1),—
- 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
- in the case of any other entry and search power, until the expiry of 7 days after the search power is exercised.
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—
- endanger the safety of any person; or
- prejudice ongoing investigations.