Power of entry, search and seizure
24 Power of entry, search and seizure
If a Commission believes on reasonable grounds that a document or thing that it considers relevant to its inquiry is in any place, building or vehicle, the Commission may apply to a magistrate for a warrant.
A magistrate to whom an application under subsection (1) is made may issue a warrant if satisfied that – the document or thing referred to in the application is relevant to the Commission's inquiry; and there are reasonable grounds to suspect that the document or thing is in the place, building or vehicle referred to in the application.
A warrant issued under this section authorises the person named in the warrant, together with any police officer that person calls on for assistance, to – enter and search the place, building or vehicle specified in the warrant, using such force as is reasonably necessary; and take possession on behalf of the Commission of the document or thing in respect of which the warrant has been issued.
A warrant issued under this section may be made subject to any conditions the magistrate considers appropriate.
If a Commission obtains possession of a document or thing as a result of a search conducted pursuant to a warrant issued under this section, the Commission – may retain the document or thing until the conclusion of its inquiry or until the document or thing is no longer required by the Commission; and must then return the document or thing to a person from whose possession or custody it was taken.
This Act’s bill:Explanatory notesSecond reading speech
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