46VSearch warrants

#### 46V Search warrants 46V Search warrants > > (1) An authorised officer may apply to an authorised justice for a search warrant if the authorised officer has reasonable grounds for believing that the provisions of this Act, the regulations or the terms of an accreditation, authority, service contract, requirement or exemption under this Act have been or are being contravened in or on any premises. > > > (2) An authorised justice to whom such an application is made by an authorised officer may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer named in the warrant— > > > > > (a) to enter the premises, and > > > > > (b) to search the premises for evidence of a contravention of this Act, the regulations or the terms of an accreditation, authority, service contract, requirement or exemption under this Act. > > > (2A) A transport safety investigator may apply to an authorised justice for a search warrant if the investigator has reasonable grounds for believing that there is on the premises evidence or a thing that is relevant to a transport safety investigation. > > > (2B) An authorised justice to whom an application is made by a transport safety investigator may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a transport safety investigator named in the warrant— > > > > > (a) to enter the premises, and > > > > > (b) to search the premises for evidence or a thing that is relevant to a transport safety investigation. > > > (3) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section. > > > (4) Without limiting the generality of section 71 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), a police officer— > > > > > (a) may accompany an authorised officer or a transport safety investigator executing a search warrant issued under this section, and > > > > > (b) may take all reasonable steps to assist the transport safety investigator or authorised officer in the exercise of the investigator’s or officer’s functions under this section. > > > (5) In this section— > > > > authorised justice means an authorised officer within the meaning of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > **s 46V:** Ins 2003 No 65, Sch 3 \[18\]. Am 2002 No 103, Sch 4.63A \[1\]–\[3\] (ins 2003 No 65, Sch 7 \[2\]); 2012 No 82, Sch 2.11 \[114\]–\[117\]; 2016 No 34, Sch 6 \[7\].