188HSearch warrants

#### 188H Search warrants 188H Search warrants > > (1) The Secretary may apply to an issuing officer for a search warrant. > > > (2) The Secretary may make the application if the Secretary believes on reasonable grounds that— > > > > > (a) a duty under section 106 has been or is being breached at premises, or > > > > > (b) a matter or thing connected with a breach of a duty under section 106 is in or on premises. > > > (3) The issuing officer may issue the search warrant if satisfied there are reasonable grounds to do so. > > > (4) The search warrant may authorise the Secretary to— > > > > > (a) enter the premises, and > > > > > (b) exercise functions under this division. > > > (5) The [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), Part 5, Division 4 applies to the search warrant. > > > (6) Without limiting the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), section 71, a police officer may— > > > > > (a) accompany the Secretary when executing the search warrant, and > > > > > (b) take all reasonable steps to assist the Secretary in the exercise of the Secretary’s functions. > > > (7) In this section— > > > > issuing officer means an authorised officer under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > **s 188H:** Ins 2025 No 14, Sch 1\[55\].