55Search warrants

55 Search warrants

(1)  In this section –

authorised person means a person authorised under section 54(2) to exercise the powers specified in section 54(3) .

(2)  An authorised person, with the consent of the Secretary, may apply to a justice or magistrate for the issue of a search warrant if the authorised person believes on reasonable grounds that the provisions of this Act are being contravened.

(3)  The grounds of an application for a warrant must be verified by affidavit.

(4)  The justice or magistrate, if satisfied that there are reasonable grounds, may issue a search warrant authorising an authorised person named in the warrant and any assistants, using such force as is necessary and reasonable, to enter the premises specified in the warrant for the purpose of searching for any records or documents relating to the provision of training or assessments leading to a qualification.

(5)  Section 15 of the Search Warrants Act 1997 applies, with necessary modifications and adaptations, in respect of an application for a warrant under this section and a warrant issued as a result of such an application.

(6)  A person who executes a warrant must, on or as soon as practicable after executing the warrant –

(a) prepare a notice containing –

(i) his or her name and a statement that he or she is an authorised person; and

(ii) the name of the justice or magistrate who issued the warrant and the day and time of its issue; and

(iii) a description of the premises to which the warrant relates and of the authority conferred by the warrant; and

(b) provide the notice to the occupier or person apparently in charge of the premises in respect of which the warrant was issued or leave it in a prominent position on the premises.

(7)  A warrant expires at the end of one month after the day on which it was issued.