24Power of entry, search and seizure

24 Power of entry, search and seizure

(1)  [Section 24 Subsection (1) amended by No. 4 of 2021, s. 18, Applied:01 Mar 2021] If a Commission believes on reasonable grounds that a document or thing that it considers relevant to its inquiry is in any place, building or vehicle, the Commission may apply to a magistrate for a warrant.

(2)  A magistrate to whom an application under subsection (1) is made may issue a warrant if satisfied that –

(a) the document or thing referred to in the application is relevant to the Commission's inquiry; and

(b) [Section 24 Subsection (2) amended by No. 4 of 2021, s. 18, Applied:01 Mar 2021] there are reasonable grounds to suspect that the document or thing is in the place, building or vehicle referred to in the application.

(3)  A warrant issued under this section authorises the person named in the warrant, together with any police officer that person calls on for assistance, to –

(a) [Section 24 Subsection (3) amended by No. 4 of 2021, s. 18, Applied:01 Mar 2021] enter and search the place, building or vehicle specified in the warrant, using such force as is reasonably necessary; and

(b) take possession on behalf of the Commission of the document or thing in respect of which the warrant has been issued.

(4)  A warrant issued under this section may be made subject to any conditions the magistrate considers appropriate.

(5)  If a Commission obtains possession of a document or thing as a result of a search conducted pursuant to a warrant issued under this section, the Commission –

(a) may retain the document or thing until the conclusion of its inquiry or until the document or thing is no longer required by the Commission; and

(b) must then return the document or thing to a person from whose possession or custody it was taken.