Search warrants
31 Search warrants
(1) The chairperson of an investigation panel may issue a search warrant if the panel believes on reasonable grounds that issuing a search warrant is justified to ensure the production of a document or thing that might otherwise be concealed, lost, mutilated, destroyed or disposed of.
A search warrant must:
be signed by the chairperson of the investigation panel; and
(b) be issued to a police officer or a person named in the warrant; and
state the purpose for which it is issued; and
specify the premises for which entry is authorised; and
(e) 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
(f) include a description of the kind of documents or things in relation to which the powers under the warrant may be exercised; and
(g) specify the day on which the warrant ceases to have effect, which must be a day not later than 30 days after the day of its issue.
(3) A search warrant authorises a police officer or the person named in the warrant:
to enter the premises specified in the warrant; and
(b) to search the premises for documents or things relevant to a complaint; and
(c) to seize any document or thing relevant to a complaint found in or on the premises; and
to deliver anything seized to the investigation panel.
(4) A search warrant may be executed, in accordance with its terms, at any time during the period commencing on the day of issue of the warrant and ending at the end of the day specified for subsection (2)(g).
(5) A person executing a search warrant may seize a document or thing not of a kind specified in the warrant if in the course of searching under the search warrant for a document or thing of a relevant kind:
(a) the person believes on reasonable grounds the document or thing is connected with the matter being investigated; and
(b) the person believes on reasonable grounds that it is necessary to seize that document or thing in order to prevent it from being concealed, lost, mutilated, destroyed or disposed of.
(6) Any document or thing seized under subsection (5) must be presented without delay to the investigation panel.
(7) 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.
This Act’s bill:Explanatory statementSecond reading speech
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