17Search warrants

#### 17 Search warrants 17 Search warrants > > (1) An executive officer may apply to an authorised officer for the issue of a search warrant if— > > > > > (a) the Commission has reasonable grounds for suspecting that there is, or within one month may be, in or on any premises things of a relevant kind, and > > > > > (b) the Commission believes on reasonable grounds that, if a summons were issued for the production of the things, the things might be concealed, lost, mutilated or destroyed. > > > (2) An authorised officer to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the NSW Police Force, or any other person, named in the warrant— > > > > > (a) to enter the premises, and > > > > > (b) to search the premises for things of the relevant kind, and > > > > > (c) to seize any things of the relevant kind found in or on the premises and deliver things so seized to the Commission, and > > > > > (d) in addition, to seize any other thing found in the course of executing the warrant that the person executing the warrant believes on reasonable grounds— > > > > > > > (i) to be evidence that would be admissible in the prosecution of another person for a relevant offence, or for an indictable offence against the law of the Commonwealth, of a State or of a Territory, and > > > > > > > (ii) that it is necessary to seize in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence. > > > (3) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section. > > > (4) A search warrant issued under this section must include— > > > > > (a) a statement of the purpose for which the warrant is issued, and > > > > > (b) a description of the kind of things (other than those referred to in subsection (2) (d)) authorised to be seized. > > > (5) The statement must include a reference to the matter relating to a relevant criminal activity or serious crime concern, or the criminal activities of a criminal group, into or in respect of which the Commission is conducting an investigation and with which the things of the relevant kind are connected. > > Note— > > Covert search warrants may be obtained under Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > **s 17:** Am 2013 No 74, Sch 3 \[4\]; 2014 No 82, Sch 2 \[2\].