39Power of entry, search and seizure

39 Power of entry, search and seizure

(1)  If the Commissioner believes on reasonable grounds that a document or thing that the Commissioner considers relevant to an inquiry is in any place, building or vehicle, the Commissioner may apply to a magistrate for a warrant.

(2)  A magistrate to whom an application under subsection (1) is made may issue a warrant if satisfied that –

(a) the document or thing referred to in the application is relevant to the inquiry; and

(b) there are reasonable grounds to suspect that the document or thing is in the place, building or vehicle referred to in the application.

(3)  A warrant issued under this section authorises the person named in the warrant, together with any police officer on whom that person calls for assistance, to –

(a) enter and search the place, building or vehicle specified in the warrant, using such force as is reasonably necessary; and

(b) take possession on behalf of the Commissioner of the document or thing in respect of which the warrant has been issued.

(4)  A warrant issued under this section may be made subject to any conditions that the magistrate considers appropriate.

(5)  If the Commissioner obtains possession of a document or thing as a result of a search conducted pursuant to a warrant issued under this section, the Commissioner –

(a) may retain the document or thing until the conclusion of the inquiry or until the document or thing is no longer required by the Commissioner; and

(b) must then return the document or thing to a person from whose possession or custody it was taken.