Judicial Commissions Act 1994

The presiding member of a commission may issue a search warrant if—

the presiding member has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, in or on any premises, a thing of a particular kind connected with a matter into which the commission is inquiring (thing of the relevant kind); and

the presiding member believes on reasonable grounds that, if a search warrant were not issued for the production of the thing, that thing might be concealed, lost, mutilated, destroyed or disposed of.

A search warrant must authorise a police officer or an authorised person named in the warrant with such assistance, and by such force, as is necessary and reasonable—

to enter the premises; and

to search the premises for things of the relevant kind; and

to seize any things of the relevant kind found in or on the premises; and

to deliver anything so seized to the commission.

A search warrant must—

state the purpose for which it is issued; and

specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and

include a description of the kind of things in relation to which the powers under the warrant may be exercised; and

specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

A search warrant may be executed, in accordance with its terms, at any time during the period commencing on the date of issue of the warrant and ending at the end of the date specified for subsection (3) (d).

If, in the course of searching under a search warrant for a thing of a relevant kind—

the person executing the warrant finds a thing that the person believes on reasonable grounds to be connected with the matter into which the commission is inquiring, although not of a kind specified in the warrant; and

the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent its being concealed, lost, mutilated, destroyed or disposed of;

the person may seize that thing and must deliver the thing so seized to the commission.

A person executing a search warrant must, on request by an occupant of the premises to which the warrant relates, show the warrant to that occupant.

A reference in subsection (1) to the presiding member of a commission includes a reference to a member authorised by the presiding member to act under that subsection.