79Issue of search warrant

79 Issue of search warrant

79 Issue of search warrant

(1) Power of authorised officer to issue warrant 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) Power of Commissioner to issue warrant A Commissioner, on application made to the Commissioner under subsection (4), may issue a search warrant if the Commission has decided a search warrant should be issued and that there are reasonable grounds for the issue.

Note.

See section 19 (2) (d) in relation to the making of a decision under this provision.

(3) Preference for issue by authorised officer 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) Application for warrant An authorised person may apply to an authorised officer or a Commissioner for a search warrant if the person 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 72 hours, be brought into or onto the premises.

(5) Definition In this section—

authorised person means an officer of the Commission and, in relation to an application to an authorised officer for a search warrant, includes a Commissioner.