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MAJOR EVENTS ACT 2009 - SECT 170

Entry or search of premises with consent or with a warrant

    (1)     This section applies to premises occupied by—

        (a)     a sports event organiser of a sports ticketing event in respect of which there is an approved ticket scheme; or

        (b)     a person who is authorised in writing to sell or distribute tickets to that event on behalf of the sports event organiser.

    (2)     For the purposes of monitoring compliance with the approved ticket scheme for a sports ticketing event or, if an authorised officer has a reasonable belief that a person has contravened this Part, for investigating that contravention, an authorised officer may, with the consent of the occupier of the premises—

        (a)     enter and search premises to which this section applies, other than residential premises;

        (b)     seize anything found on the premises which the authorised officer reasonably believes to be connected with an alleged contravention;

        (c)     inspect and make copies of, or take extracts from, any document found on the premises.

    (3)     With the Secretary's written approval, an authorised officer may apply to a magistrate for the issue of a search warrant for premises to which this section applies if—

        (a)     the authorised officer reasonably believes that there may be evidence on the premises that a person may have contravened this Part; and

        (b)     either—

              (i)     the occupier of the premises refuses a request to consent to the authorised officer doing one or more of the things in subsection (2) or the premises are residential premises; or

              (ii)     the authorised officer reasonably believes that it is necessary to apply for a search warrant to obtain or preserve evidence of the alleged contravention.

    (4)     If a magistrate is satisfied that there are reasonable grounds to believe that a particular kind of thing which may be evidence of a contravention of this Part is on the premises, he or she may issue a search warrant in accordance with the Magistrates' Court Act 1989 authorising a specified authorised officer and any other specified person or persons

        (a)     to enter the premises with any necessary equipment; and

        (b)     to do all or any of the following—

              (i)     search for or seize;

              (ii)     secure against interference;

              (iii)     examine, inspect and make copies of, or take extracts from—

a particular kind of thing or things specified or described in the warrant which the authorised officer reasonably believes to be connected with the alleged contravention.

    (5)     The search warrant must state—

        (a)     the purpose of the search and nature of the alleged contravention; and

        (b)     any conditions on the warrant; and

        (c)     whether entry is authorised to be made at any time of the day or night or only during particular hours; and

        (d)     when the warrant ceases to have effect, which must be no more than 28 days after it is issued.

    (6)     Subject to subsection (7), a search warrant must be issued in accordance with the Magistrates' Court Act 1989 and must be in the form prescribed by the regulations under that Act.

    (7)     Despite section 78 of the Magistrates' Court Act 1989 , a search warrant under this section must not authorise an authorised officer to arrest a person.

    (8)     Except as 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 issued under this section.



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