Commonwealth Numbered Acts Commonwealth Numbered ActsPower to issue search warrant
(1) A Commission, or a member authorised in writing by a Commission, may issue a search warrant if:
(a) the Commission or member has reasonable grounds for suspecting that there may be, at that time or within the next 24 hours, on or in any premises, one or more documents, or other things, of a particular kind ( documents or other things of the relevant kind ) connected with the matter the Commission is investigating; and
(b) the Commission or member believes on reasonable grounds that, if a notice were given requiring the production of the documents or other things of the relevant kind, any of the documents or things might be concealed, lost, mutilated or destroyed.
Note: The Commission must record the reasons for that suspicion and belief (see section 80).
Effect of search warrant
(2) The search warrant is to authorise a constable, named in the warrant, with such assistance as that constable thinks necessary and if necessary by such force as is necessary and reasonable:
(a) to enter the premises; and
(b) to search the premises for documents or other things of the relevant kind; and
(c) to seize any documents or other things of the relevant kind found on or in premises and deliver them to the Commission.
Content of search warrant
(3) The search warrant must state:
(a) the purpose for which the warrant is issued, which must include a reference to the matter the Commission is investigating and with which the documents or other things of the relevant kind are connected; and
(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) a description of the kind of documents or things authorised to be seized; and
(d) the date, not more than 7 days after the date of issue of the warrant, the warrant ceases to have effect; and
(e) the effect of section 33 (occupier to provide facilities and assistance).
Extra effect of search warrant
(4) The search warrant also authorises the constable executing the warrant to seize a document or other thing of another kind if:
(a) the constable finds it in the course of searching for documents or other things of the relevant kind under the warrant; and
(b) the constable believes on reasonable grounds that:
(i) the document or thing is connected with the matter the Commission is investigating; and
(ii) it is necessary to seize the document or thing in order to prevent its concealment, loss, mutilation or destruction.
Note: A constable can also secure things under section 31.
No search of premises occupied by Commonwealth judicial officer etc.
(5) This section does not apply to any premises occupied by a person who is:
(a) a Commonwealth judicial officer; or
(b) a former Commonwealth judicial officer.