115Issue of search warrant

115 Issue of search warrant

(1) An authorised officer or independent investigator may apply to a magistrate for the issue of a search warrant in relation to any premises if the authorised officer or independent investigator reasonably believes that—

(a) entry to the premises is necessary—

(i) to investigate a possible contravention of this Act or the regulations; or

(ii) to determine whether a person is providing a social service without being registered under Part 3 to provide that service; or

(b) there is, or may be within the next 72 hours, a particular document or thing at the premises that may afford evidence of an offence against this Act or the regulations.

(2) A magistrate may issue a search warrant if the magistrate is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for the authorised officer's or independent investigator's belief under subsection (1).

(3) The search warrant may authorise a named authorised officer or independent investigator, and any assistants the authorised officer or independent investigator considers necessary—

(a) to enter the premises or part of the premises named or described in the warrant; and

(b) to search for and seize the document or thing named or described in the warrant; and

(c) to seize any document or thing not named or described in the warrant if the authorised officer or independent investigator reasonably believes that the document or thing may afford evidence of the commission of an offence against this Act.

(4) In addition to any other requirement, the search warrant must state—

(a) the offence suspected; and

(b) the premises to be searched; and

(c) a description of the document or thing for which the search is to be made; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be made at any time or during specified hours; and

(f) that the warrant authorises entry on only one occasion; and

(g) a day, not later than 7 days after the warrant is issued, on which it ceases to have effect.

(5) Subject to subsection (7), a search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

(6) The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants under this section.

(7) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise an authorised officer or independent investigator to arrest a person.