sec.86Search warrant applications

### sec.86 Search warrant applications An authorised commission officer may apply for a warrant to enter and search a place ( search warrant ) to obtain— evidence of the commission of major crime or corruption being investigated by the commission; or evidence that may be confiscation related evidence. The application may be made to a magistrate or Supreme Court judge, unless the application must be made to a Supreme Court judge under subsection (3) . The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building. An application under this section— must be sworn and state the grounds on which the warrant is sought; and must fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and must include information required under a regulation about any search warrants issued within the previous year in relation to the place or a person suspected of being involved in— the commission of the major crime or corruption to which the application relates; or the confiscation related activity to which the application relates; or the qualifying offence, or suspected qualifying offence, to which the application relates. Subsection (4) (c) applies only to— information kept in a register that the commission officer may inspect; and information the officer otherwise actually knows. The magistrate or judge (the issuer ) may refuse to consider the application until the commission officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration. s 86 amd 2002 No. 68 s 290 ; 2009 No. 48 s 133 ; 2013 No. 21 s 7 ; 2014 No. 21 s 94 (1) sch 1 (sec.86-ssec.1) An authorised commission officer may apply for a warrant to enter and search a place ( search warrant ) to obtain— evidence of the commission of major crime or corruption being investigated by the commission; or evidence that may be confiscation related evidence. (sec.86-ssec.2) The application may be made to a magistrate or Supreme Court judge, unless the application must be made to a Supreme Court judge under subsection (3) . (sec.86-ssec.3) The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building. (sec.86-ssec.4) An application under this section— must be sworn and state the grounds on which the warrant is sought; and must fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and must include information required under a regulation about any search warrants issued within the previous year in relation to the place or a person suspected of being involved in— the commission of the major crime or corruption to which the application relates; or the confiscation related activity to which the application relates; or the qualifying offence, or suspected qualifying offence, to which the application relates. (sec.86-ssec.5) Subsection (4) (c) applies only to— information kept in a register that the commission officer may inspect; and information the officer otherwise actually knows. (sec.86-ssec.6) The magistrate or judge (the issuer ) may refuse to consider the application until the commission officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration. - (a) evidence of the commission of major crime or corruption being investigated by the commission; or - (b) evidence that may be confiscation related evidence. - (a) must be sworn and state the grounds on which the warrant is sought; and - (b) must fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and - (c) must include information required under a regulation about any search warrants issued within the previous year in relation to the place or a person suspected of being involved in— (i) the commission of the major crime or corruption to which the application relates; or (ii) the confiscation related activity to which the application relates; or (iii) the qualifying offence, or suspected qualifying offence, to which the application relates. - (i) the commission of the major crime or corruption to which the application relates; or - (ii) the confiscation related activity to which the application relates; or - (iii) the qualifying offence, or suspected qualifying offence, to which the application relates. - (i) the commission of the major crime or corruption to which the application relates; or - (ii) the confiscation related activity to which the application relates; or - (iii) the qualifying offence, or suspected qualifying offence, to which the application relates. - (a) information kept in a register that the commission officer may inspect; and - (b) information the officer otherwise actually knows.