937MTerms of search order

937M Terms of search order

[Rule 937M of Part 36 Inserted by S.R. 2006, No. 72, Applied:19 Jul 2006]

(1)  A search order may direct each person who is named or described in the order –

(a) to permit, or arrange to permit, such other persons as are named or described in the order –

(i) to enter premises specified in the order; and

(ii) to take any steps that are in accordance with the terms of the order; and

(b) to provide, or arrange to provide, such other persons named or described in the order with any information, thing or service described in the order; and

(c) to allow such other persons named or described in the order to take and retain in their custody any thing described in the order; and

(d) not to disclose any information about the order, for up to 3 days after the date on which the order is served, except for the purposes of obtaining legal advice or legal representation; and

(e) to do or refrain from doing any act as the Court or judge considers appropriate.

(2)  Without limiting the generality of subrule (1)(a)(ii) , the steps that may be taken in relation to a thing specified in a search order include –

(a) searching for, inspecting and removing the thing; and

(b) making or obtaining a record of the thing and any information it may contain.

(3)  A search order may contain such other provisions as the Court or judge considers appropriate.

(4)  In subrule (2) , "record" includes a copy, photograph, film and sample.