135Offence‑related searches and seizures

#### 135 Offence‑related searches and seizures Offences to which this section applies (1) This section applies to: (a) an offence against section 60 or 66; or (b) an offence that: (i) is created by section 5, 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914; and (ii) relates to section 60 or 66. > Note 1: Section 60 deals with false or misleading statements made in connection with claims for payments. > Note 2: Section 66 deals with the case management document rules. Searches (2) If an inspector has reasonable grounds for suspecting that there may be on or in any premises a particular thing that may afford evidence as to the commission of an offence, the inspector may: (a) with the consent of the occupier of the premises; or (b) under a warrant issued under subsection (3); enter the premises and: (c) search the premises for the thing; and (d) if the inspector finds the thing in or on the premises—seize the thing. Warrants (3) If: (a) an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be on or in any premises a particular thing that may afford evidence as to the commission of an offence; and (b) the information sets out those grounds; the Magistrate may issue a search warrant, in accordance with the form prescribed for the purposes of this subsection, authorising an inspector named in the warrant, with such assistance, and by such force, as are necessary and reasonable, to: (c) enter the premises; and (d) search the premises for the thing; and (e) if the inspector finds the thing in or on the premises—seize the thing. Restrictions on issue of warrant (4) A Magistrate must not issue a warrant under subsection (3) unless: (a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant. Matters to be stated in warrants (5) There must be stated in a warrant issued under subsection (3): (a) the purpose for which the warrant is issued, and the nature of the offence in relation to which the entry, search and seizure are authorised; and (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) a description of the kind of things to be seized; and (d) a day, not being later than one week after the day of issue of the warrant, upon which the warrant ceases to have effect. Seizure (6) If: (a) in the course of searching, under a warrant issued under subsection (3), for a particular thing in relation to a particular offence, an inspector finds a thing that the inspector believes, on reasonable grounds, to be: (i) a thing that will afford evidence as to the commission of the offence, although not the thing specified in the warrant; or (ii) a thing that will afford evidence as to the commission of another offence; and (b) the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent: (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating the offence or the other offence; the warrant is taken to authorise the inspector to seize that thing. Retention of seized items (7) If an inspector seizes any thing under this section, the inspector may retain the thing until: (a) the end of 60 days after the seizure; or (b) if proceedings for an offence in respect of which the thing may afford evidence are brought within that period—until the proceedings (including any appeal to a court in relation to those proceedings) are completed. Release of seized items (8) ESRA may authorise any thing seized under this section to be released to the owner, or the person from whom the thing was seized, either: (a) unconditionally; or (b) on such conditions as ESRA thinks fit.