NSWIn ForceAct
Law Enforcement Conduct Commission Act 2016
79Issue of search warrant
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#### 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.
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> > (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.
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> > Note.
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> > See section 19 (2) (d) in relation to the making of a decision under this provision.
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> > (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.
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> > (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.
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> > (5) Definition In this section—
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> > 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.