Search warrant
28 Search warrant
Subject to subsection (2), an authorised officer may apply to the Magistrates' Court for a search warrant in relation to either or both of the following—
particular premises, if the authorised officer believes on reasonable grounds that entry to the premises (including any vehicle, vessel or aircraft on or in those premises) is necessary for the purpose of the Royal Commission's inquiry;
a particular vehicle, vessel or aircraft located in a public place, if the authorised officer believes on reasonable grounds that entry to the vehicle, vessel or aircraft is necessary for the purpose of the Royal Commission's inquiry.
S. 28(2) amended by No. 6/2018 s. 68(Sch. 2 item 71).
If a magistrate is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for the belief under subsection (1)(a) or (b), the magistrate may issue a search warrant authorising any police officer or other prescribed person named in the warrant—
to enter and search the premises or vehicle, vessel or aircraft named or described in the search warrant and inspect any document or other thing at those premises or on or in that vehicle, vessel or aircraft; and
to make a copy of any document that the police officer or other person reasonably considers may be relevant to the inquiry; and
to take possession of any document or other thing that the police officer or other person reasonably considers may be relevant to the inquiry.
A search warrant issued under this section must state—
the purpose for which the search is required; and
any conditions to which the search warrant is subject; and
whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
a day, not later than 28 days after the issue of the search warrant, on which the search warrant ceases to have effect.
A search warrant must be in the prescribed form (if any).
Except as otherwise provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.
This provision refers to the regulations (prescribed person
, prescribed form
). Made under this Act:
- Inquiries Regulations 2025 · under section 133
This Act’s bill:Explanatory memorandumSecond reading speech
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