39TForm and content of search warrants

39T Form and content of search warrants (1) A search warrant issued under section 39S(2) may authorise the inspector named in the warrant to enter premises specified in the warrant, if necessary by force, and do one or more of the following— (a) in the case of a document, or document of a particular kind, named or described in the warrant, if the inspector believes on reasonable grounds that the document is connected with the alleged contravention— (i) require the document to be produced for inspection; or (ii) examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts from the document; or (iii) remove the document for so long as is reasonably necessary to make copies or take extracts from the document; (b) in the case of a computer, or a computer of a particular kind, named or described in the warrant, if the inspector believes on reasonable grounds that the computer is connected with the alleged contravention— (i) search for the computer; or (ii) seize the computer; or (iii) secure the computer against interference; (c) make an image of the hard drive of a computer, or a computer of a particular kind, named or described in the warrant, if the inspector believes on reasonable grounds that information contained on the hard drive is connected with the alleged contravention; (d) in the case of information in electronic or digital format described in the warrant that is accessible from the premises, if the inspector believes on reasonable grounds that the information is connected with the alleged contravention— (i) access the information by means of any computer located on the premises; or (ii) download or make an electronic copy of that information; or (iii) make or produce a physical copy of that information. (2) A search warrant issued under section 39S(2) may authorise, in addition to an inspector, any other person named or otherwise identified in the warrant to execute the warrant. (3) A search warrant issued under section 39S(2) must state— (a) the purpose for which the search is required and the nature of the alleged contravention; and (b) any conditions to which the warrant is subject; and (c) 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 (d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. (4) Except as provided by this section, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants issued under section 39S(2). (5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form set out in the rules of court under that Act. (6) Despite section 78 of the **Magistrates' Court Act 1989**, a search warrant must not authorise an inspector to arrest a person. S. 39U inserted by No. 41/2021 s. 5.