219Investigation – search warrants

219 Investigation – search warrants (1) An authorised officer may apply to a Local Court Judge, by information on oath, for a search warrant for a place if: (a) the officer has reasonable grounds for suspecting there may be, at that time or within the next 24 hours, in or on the place, an article that may afford evidence relating to a contravention of section 215 (a relevant article); and (b) the officer has reasonable grounds for believing that, if an investigation notice under section 216 were issued for the production of the relevant article, it might be concealed, lost, mutilated, destroyed or disposed of. (2) The Judge must not issue a search warrant unless: (a) the officer or another person has given the Judge, either orally or by affidavit, any further information the Judge requires about the grounds on which the issue of the warrant is being sought; and Electoral Act 2004 126 (b) the Judge is satisfied there are reasonable grounds for issuing the warrant. (3) If the Judge issues a warrant, the Judge must endorse on the application the grounds relied on to justify the issue of the warrant. (4) The warrant authorises the officer or another person named in the warrant, with the assistance the officer or person considers necessary, and if necessary by force: (a) to enter the place; and (b) to search the place for relevant articles; and (c) to seize any relevant article found in or on the place. (5) The warrant must state: (a) the purpose for which it is issued, including a reference to the alleged offence in relation to which it is issued; and (b) the hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and (c) a description of the kind of articles to which it relates; and (d) the date, within 30 days after the warrant's issue, the warrant ceases to have effect. (6) The person executing the warrant must, if asked by the occupier of the place or another person on the place, produce the warrant for the person's inspection. (7) If an article is seized by a person under the warrant: (a) the person may keep the article for as long as is necessary and reasonable for the investigation to which it is relevant; and (b) when keeping the article ceases to be necessary and reasonable for that purpose, the person must give it to the person who appears to be entitled to possession of it. (8) If a document is kept under subsection (7)(a), the Commission must, at the times and places the Commission considers appropriate, permit the person otherwise entitled to possession of it to inspect and, at the person's expense, make copies of or take extracts from it. Electoral Act 2004 127 (9) In this section: place includes: (a) vacant land; and (b) premises; and (c) a vehicle. premises includes: (a) a building or structure; and (b) a part of a building or structure; and (c) land on which a building or structure is situated. vehicle means anything used for carrying anything or any person by land, water or air.