Monetary Penalties Enforcement Act 2005

If an enforcement officer reasonably believes that there may be property in which the enforcement debtor has a legal interest, on premises other than the premises specified in an enforcement warrant, he or she may apply to a justice of the peace for the issue of a search warrant authorising the enforcement officer to enter the premises specified in the application for the purpose of executing the relevant enforcement warrant.

A person appointed under section 12 who is a justice of the peace must not issue a search warrant.

The justice of the peace may issue a search warrant only if satisfied that there are reasonable grounds for believing that there is, on the premises specified in the application, property that may be seized under an enforcement warrant.

An enforcement officer who applies for a search warrant must at the time of making the application provide the justice of the peace before whom the application is made with a copy of the relevant enforcement warrant and a written copy of the grounds upon which the application is made.

A search warrant is to – be in the approved form; and contain a statement that the relevant enforcement officer, or all enforcement officers, may enter the premises specified on the search warrant and exercise the powers conferred by the relevant enforcement warrant; and contain a statement that the search warrant authorises the use of reasonable force to effect such entry; and if the search warrant may only be executed between particular hours or on particulars days which differ from those specified in the enforcement warrant, contain a statement of those different hours or days and a statement that the search warrant specifications prevail over those in the enforcement warrant.

A search warrant may authorise an enforcement officer to enter different premises to the warrant premises specified in the relevant enforcement warrant but does not limit or extend the powers conferred by section 73(3) and exercisable under the enforcement warrant.

A search warrant remains in force until such time as the enforcement debt is discharged.

An enforcement officer, having gained entry to a premises on the authority of a search warrant, may only rely upon that authority for the purpose of executing that warrant and for no other purpose.