98Board may obtain search warrant to enter and search premises

98 Board may obtain search warrant to enter and search premises

(1)  The Board may apply to a magistrate for the issue of a search warrant to enter premises where it is suspected that there may be found evidence relevant to a conduct complaint made to the Board in respect of a property agent.

(2)  A magistrate to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant.

(3)  A warrant issued under subsection (2) authorises the person named in it, and any person whom that person may reasonably need for assistance, to enter the premises specified in the warrant and exercise any or all of the powers specified in subsection (4) that are not expressly excluded by the magistrate who issued the warrant.

(4)  A person who has entered premises pursuant to a warrant issued under subsection (2) may –

(a) search the premises for information, documents or other material relevant to a conduct complaint; and

(b) take possession of any material relevant to a conduct complaint and retain it for as long as may be necessary to examine it to determine its evidentiary value; and

(c) make copies of material relevant to a conduct complaint or any part of any such material; and

(d) seize and take away any material relevant to a conduct complaint or any part of any such material; and

(e) with respect to any computer or other equipment that the person suspects on reasonable grounds may contain material relevant to a conduct complaint –

(i) inspect and gain access to the computer or equipment; and

(ii) download or otherwise obtain any documents or information; and

(iii) make copies of any documents or information held in it; and

(iv) seize and take away the computer or equipment or any part of it, provided adequate arrangements are made to enable the business of the property agent to continue; and

(f) request any person who is on the premises to do any of the following: