Fair Trading Act 2010

If an authorised person considers in a particular case that there are reasonable grounds for believing that entry to premises or a motor vehicle is necessary for the purposes of carrying out any investigation or inquiry in the course of carrying out the Commissioner’s functions under this Act or any other Act, the authorised person may apply to a magistrate or justice of the peace for a warrant to be issued in respect of those premises or that motor vehicle.

An application for a warrant must —

be in writing; and

be accompanied by a notice in writing from the authorised person stating that the person considers in the particular case that there are reasonable grounds for believing that entry to premises or a motor vehicle is necessary for the purposes of carrying out an investigation or inquiry in the course of carrying out the Commissioner’s functions under this Act or another Act; and

set out the grounds for seeking the warrant; and

describe the premises or motor vehicle that are to be entered.

A magistrate or justice of the peace to whom an application is made under this section must refuse it if —

the application does not comply with the requirements of this Act; or

when required to do so by the magistrate or justice of the peace, the applicant does not give to the magistrate or justice of the peace more information about the application.

The information in an application or given to a magistrate or justice of the peace under this section must be verified before the magistrate or justice of the peace on oath or affirmation or by affidavit, and the magistrate or justice of the peace may for that purpose administer an oath or affirmation or take an affidavit.

If an authorised person requires a warrant urgently, or a magistrate or justice of the peace is not available within a reasonable distance of the authorised person, the authorised person may apply to a magistrate or justice of the peace by telephone, fax or other electronic means for a warrant under section 71.

The magistrate or justice of the peace may —

require communication by voice to the extent that it is practicable in the circumstances; and

make a recording of the whole or any part of any such communication by voice.

Before applying for the warrant, the authorised person must prepare an affidavit that sets out the grounds on which the warrant is sought.

If it is necessary to do so, the authorised person may apply for the warrant before the affidavit is sworn or affirmed.

The magistrate or justice of the peace may complete and sign the same warrant that the magistrate or justice of the peace would issue under section 74 if the application had been made under section 71 if the magistrate or justice of the peace is satisfied that there are reasonable grounds for issuing the warrant, after having —

considered the terms of the affidavit; and

received such further information (if any) as the magistrate or justice of the peace requires concerning the grounds on which the issue of the warrant is sought.