47Search powers and warrants

47 Search powers and warrants

(1)  On the application of the Commissioner, a magistrate or justice may issue a warrant if the magistrate or justice is satisfied that there are reasonable grounds –

(a) for believing that entry and inspection of premises are necessary to enable the Commissioner to carry out an investigation under this Part; or

(b) for suspecting that there may be on premises a document or other thing relevant to a matter the Commissioner is investigating under this Part.

(2)  A warrant authorizes a person named in the warrant and any other person acting in aid of that person, with such force as is necessary –

(a) to enter and remain in the premises specified in the warrant; and

(b) search those premises and any person or thing in those premises; and

(c) break open and search anything in those premises in which any document or other thing relevant to the investigation may be contained; and

(d) take photographs; and

(e) seize and remove anything in those premises which that person has reasonable grounds for believing is relevant to the investigation; and

(f) examine, seize and remove, make copies of, or take extracts from, any document in those premises which that person has reasonable grounds for believing is relevant to the investigation; and

(g) require a health service provider or any other person employed in those premises to provide information by answering questions which that person considers relevant to the investigation.

(3)  A warrant is to –

(a) be in a prescribed form; and

(b) specify the premises in respect of which it is made.

(4)  A warrant has effect for a period of 30 days after the day on which it is issued.