Division 4(1) An authorised officer to whom an application is made under subsection (4) may issue a search warrant if satisfied that there are reasonable grounds for doing so.(2) The Commissioner, on application made to the Commissioner under subsection (4), may issue a search warrant if the Commissioner thinks fit in the circumstances and if satisfied that there are reasonable grounds for doing so.(3) Search warrants should, as far as practicable, be issued by authorised officers, but nothing in this subsection affects the discretion of the Commissioner to issue them.(4) An officer of the Commission may apply to an authorised officer or the Commissioner for a search warrant if the officer has reasonable grounds for believing that there is in or on any premises a document or other thing connected with any matter that is being investigated under this Act or that such a document or other thing may, within the next following 72 hours, be brought into or onto the premises.
41 Authority conferred by warrant
(1) A search warrant authorises any member of the Police Force, or any other person, named in the warrant:(a) to enter the premises, and(b) to search the premises for documents or other things connected with any matter that is being investigated under this Act, and(c) to seize any such documents or other things found in or on the premises and deliver them to the Commission.(2) A member of the Police Force, or a senior Commission investigator, named in and executing a search warrant may search a person found in or on the premises whom the member of the Police Force or senior Commission investigator reasonably suspects of having a document or other thing mentioned in the warrant.(3) In this section:senior Commission investigator means an officer of the Commission who is designated by the Commissioner as a senior investigator and who is issued by the Commissioner with means of identification as such a senior Commission investigator.
A person executing a search warrant shall produce the warrant for inspection by an occupier of the premises if requested to do so by that occupier.
(1) A person authorised to enter premises under a search warrant may use such force as is reasonably necessary for the purpose of entering the premises.(2) A person authorised to enter premises under a search warrant may, if it is reasonably necessary to do so, break open any receptacle in or on the premises for the purposes of the search.
44 Use of assistants to execute warrant
A person may execute a search warrant with the aid of such assistants as the person considers necessary.
45 Execution of warrant by day or night
(1) A search warrant may be executed by day, but shall not be executed by night unless the person issuing the warrant, by the warrant, authorises its execution by night.(2) In this section:by day means during the period between 6 am and 9 pm on any day.
by night means during the period between 9 pm on any day and 6 am on the following day.
A search warrant ceases to have effect:(a) one month after its issue, or(b) if it is withdrawn by the person who issued the warrant, or(c) when it is executed,whichever first occurs.
47 Seizure pursuant to warrant—special provisions
(1) If, in the course of searching, in accordance with the terms of a search warrant, for documents or other things:(a) the person executing the warrant finds a document or other thing that the person believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an indictable offence against the law of the Commonwealth, a State or a Territory, and(b) the first-mentioned person believes on reasonable grounds that it is necessary to seize the document or other thing in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence,that person may seize the document or other thing and, if it is so seized, it shall be taken, for the purposes of this Act, to have been seized pursuant to the warrant.(2) If a document or other thing is seized pursuant to a search warrant:(a) the Commission may retain the document or other thing if, and for so long as, its retention by the Commission is reasonably necessary for the purposes of an investigation to which it is relevant, and(b) if the retention of the document or other thing by the Commission is not, or ceases to be, reasonably necessary for such purposes, the Commission shall cause it to be delivered to:(i) the person who appears to the Commission to be entitled to possession of the document or other thing, or(ii) the Attorney General or the Director of Public Prosecutions, with a recommendation as to what action should be taken in relation to the document or other thing.
(1) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 (other than sections 69–73A) applies to a search warrant issued under this Act.(2) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 so applies as if references in that Division to an authorised officer to whom an application for a search warrant is made or by whom a search warrant is issued included (where relevant) references to the Commissioner, where such an application is made to the Commissioner or a search warrant is issued by the Commissioner.