Section 268CR — Migration Act 1958 (Cth)

(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.

Related sections

• s 268CO — Use of electronic equipment in exercising monitoring powers
• s 268CP — Use of electronic equipment by experts
• s 268CQ — Extension of period
• s 268CS — Retaining seized things
• s 268CT — Authorised officer may apply for a thing to be retained for a further period
• s 268CU — Magistrate or ART member may order that thing be retained

Research how courts apply s 268CR

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.