Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 135Z

Issue of search warrants

Application for warrant

  (1)   An inspector may apply to a judge of the Federal Court for a warrant in relation to premises.

Issue of warrant

  (2)   The judge may issue the warrant if:

  (a)   an affidavit has been given to the judge setting out the grounds on which the issue of the warrant is being sought; and

  (b)   the applicant, or some other person, has given to the judge such further information (if any) as the judge requires concerning the grounds on which the issue of the warrant is being sought; and

  (c)   the judge is satisfied that there are reasonable grounds for issuing the warrant.

Content of warrant

  (3)   The warrant must:

  (a)   specify the purpose for which the warrant is issued; and

  (b)   describe the premises to which the warrant relates; and

  (c)   state that the warrant is issued under this section; and

  (d)   name one or more inspectors; and

  (e)   authorise the inspector or inspectors so named:

  (i)   to enter the premises; and

  (ii)   to exercise search - related powers in relation to the premises; and

  (f)   state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and

  (g)   specify a day (which must not be more than 7 days after the day the warrant is issued) on which the warrant ceases to be in force.


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