78Entry and inspection under search warrant

78 Entry and inspection under search warrant

78 Entry and inspection under search warrant

(cf YCS Act, s 25 (7))

(1) An enforcement officer may (with the written consent of the Secretary) apply to an authorised warrants officer for a search warrant if the enforcement officer has reasonable grounds for believing that a provision of this Part or the regulations for this Part has been or is being contravened at any premises.

(2) An authorised warrants officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an enforcement officer named in the warrant—

(a) to enter the premises, and

(b) to search the premises for evidence of a contravention of this Part or the regulations for this Part, and

(c) to exercise the powers conferred on an enforcement officer by section 76.

(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 an enforcement officer executing a search warrant issued under this section, and

(b) may take all reasonable steps to assist the enforcement officer in the exercise of the officer’s functions under this section.

(5) In this section—

authorised warrants officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.