40Issue of search warrant

40 Issue of search warrant

40 Issue of search warrant

(1) An authorised officer to whom an application is made under subsection (4) may issue a search warrant if satisfied that there are reasonable grounds for doing so.

(2) A Commissioner, on application made to the Commissioner under subsection (4), may issue a search warrant if the Commissioner thinks fit in the circumstances and if satisfied that there are reasonable grounds for doing so.

(3) Search warrants should, as far as practicable, be issued by authorised officers, but nothing in this subsection affects the discretion of a Commissioner to issue them.

(4) An officer of the Commission may apply to an authorised officer or a Commissioner for a search warrant if the officer has reasonable grounds for believing that there is in or on any premises a document or other thing connected with any matter that is being investigated under this Act or that such a document or other thing may, within the next following 72 hours, be brought into or onto the premises.

s 40: Am 2002 No 103, Sch 4.47 [2] (am 2006 No 58, Sch 2.28 [3]) [3]; 2016 No 65, Sch 1 [3].