Entry and search
8 Entry and search
The
Inspector (or a person authorised by the Inspector) may, for the purposes of a review, at any time, enter and search any place or vehicle occupied by the Commission, the Office or an inquiry agency, and anything in or on the place or vehicle, as if the Inspector or other person were authorised by a warrant under this clause.
A magistrate may, on application under this clause, issue a warrant authorising the Inspector or a person authorised by the Inspector to enter and search any place or vehicle (not being a place or vehicle to which subclause (1) applies).
An application may be made under this clause by the Inspector or a person authorised by the Inspector.
A warrant may only be issued if the magistrate is satisfied that the warrant is reasonably required in the circumstances for the purposes of the review.
An application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and attend in person, by fax, email or telephone in accordance with practices and procedures prescribed by rules of the Magistrates Court.
The grounds of an application for a warrant must be verified by affidavit.
A warrant must—
specify the place or vehicle to which the warrant relates; and
state whether entry is authorised at any time of the day or night or during specified hours of the day or night.
A warrant authorises the Inspector or any person authorised by the
Inspector—
to enter and search and, if necessary, use reasonable force to break into or open—
the place or vehicle to which the warrant relates; or
part of, or anything in or on, a place or vehicle to which the warrant relates; and
to give directions with respect to the stopping or movement of a vehicle to which the warrant relates; and
in the course of executing the warrant—
to take photographs, films or audio, video or other recordings; and
to examine, copy or take extracts from a document connected with the investigation; and
to examine or test any thing connected with the investigation, or cause or require it to be examined or tested.
In executing a warrant, the Inspector or person authorised by the
Inspector may be assisted by such other persons as they consider necessary in the circumstances.
The
Inspector or person authorised by the Inspector may require an occupier of a place or a person apparently in charge of a document or thing to give them, or a person assisting them, such assistance as is reasonably required by them for the effective execution of a warrant.
A warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.
The provisions set out in Schedule
3 apply in relation to a warrant under this clause subject to any modifications prescribed by the regulations.
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