Investigator's power to enter premises
624 Investigator's power to enter premises
(1) For carrying out an investigation, an investigator may enter and remain on premises to exercise the powers in section 626.
For a trust account investigation:
(a) the investigator may enter premises, other than residential premises, without the need for consent or a search warrant; and
the investigator may only enter residential premises as follows:
(i) the investigator may enter the premises at any time with the consent of the occupier;
(ii) the investigator may enter the premises under the authority of a search warrant issued under this Part;
(iii) the investigator may enter the premises at any time without the consent of the occupier and without a warrant, but only if the investigator believes, on reasonable grounds, that it is urgently necessary to do so in order to prevent the destruction of or interference with relevant material.
(3) For a complaint investigation, the investigator may only enter premises as follows:
(a) the investigator may enter the premises at any time with the consent of the occupier;
(b) the investigator may enter the premises under the authority of a search warrant issued under this Part.
(4) The investigator must not exercise the power in subsection (2)(b)(iii) unless the Law Society in the particular case has authorised the investigator (orally or in writing) to do so.
An investigator is guilty of an offence if:
(a) when exercising a power under this section, a person apparently in charge of the premises or another person on the premises asks the investigator to produce evidence of the investigator's appointment; and
the investigator does not produce such evidence.
Maximum penalty for subsection (5): 20 penalty units.
This Act’s bill:Explanatory statementSecond reading speech
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