Judicial Commissions Act 2024

The presiding member of a commission may issue a search warrant, in respect of the matter into which the commission is inquiring, if the presiding member is satisfied that – there are reasonable grounds for suspecting that there may be, at that time or within the next following 72 hours, in or on any premises, a thing of a particular kind connected with the matter (the relevant item); and if a search warrant were not issued for the production of the relevant item, that item might be concealed, lost, mutilated, destroyed or disposed of.

A search warrant authorises 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 the relevant items specified in the warrant; and to request assistance from any person on the premises to unlock, or open, any thing in or on the premises; and to seize any relevant items specified in the warrant that are 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 name the person, or class of persons, who are authorised to execute the warrant; 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 relevant items in respect of which the powers under the warrant may be exercised; and specify the date, being a date not later than one 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)(e).

If, in the course of searching under a search warrant for a relevant item – 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 a relevant item specified in the warrant; and the person believes on reasonable grounds that it is necessary to seize that thing in order to prevent it from 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; and provide evidence that the person is a person who may execute the warrant.