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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 26 April 2017 at 06:28)
Part 5 Division 3 Section 94
94   Search warrants
(1)  A rail safety officer may apply to an authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002) for a search warrant if the rail safety officer has reasonable grounds for believing that:
(a)  the provisions of this Act, the regulations or the terms of an accreditation have been or are being contravened in or on any place, or
(b)  there is in or on any place a thing connected with a contravention of the provisions of this Act, the regulations or the terms of an accreditation.
(2)  An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a rail safety officer named in the warrant:
(a)  to enter the place, and
(b)  to search the place for evidence of a contravention of a rail safety law or the terms of an accreditation.
(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4)  Without limiting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002, a police officer:
(a)  may accompany a rail safety officer executing a search warrant issued under this section, and
(b)  may take all reasonable steps to assist the rail safety officer in the exercise of the officer’s functions under this section.