558Issue of search warrants

558 Issue of search warrants S. 558(1) amended by Nos 37/2014 s. 10(Sch. item 188.2), 6/2018 s. 68(Sch. 2 item 140.2). (1) If a magistrate is satisfied, by the evidence on oath or by affirmation or affidavit of the Authority, that there is reasonable ground for suspecting that there are on particular premises any books which are relevant— (a) in determining whether any of the provisions of this Act, the **Accident Compensation Act 1985** or the **Workers Compensation Act 1958** are being or have been contravened; or (b) to the assessment of a premium— the magistrate may issue a warrant authorising any police officer together with any other person named in the warrant to do the things specified in subsection (2). S. 558(2) amended by No. 37/2014 s. 10(Sch. item 188.2). (2) A police officer or a person named in a warrant issued by a magistrate under subsection (1) is authorised— (a) to enter those premises (using such force as is necessary for the purpose); and (b) to search the premises and to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises; and (c) to take possession of, or secure against interference, any books that appear to be relevant to a purpose specified in subsection (1); and (d) to deliver any books, possession of which is taken, into the possession of the Authority or a person authorised by the Authority to receive them. (3) A warrant under subsection (1) must be in the prescribed form and must not be granted except in accordance with subsection (1). (4) Where, under this section, a person takes possession of, or secures against interference, any books, that person or any person to whose possession they are delivered under subsection (2)(d)— (a) may make copies of, or take extracts from, the books; and (b) may retain possession of the books for such period as is necessary to enable them to be inspected, and copies of, or extracts from, them to be made or taken, by or on behalf of the Authority; and (c) during that period must permit a person who would be entitled to inspect any one or more of those books if they were not in the possession of the first-mentioned person to inspect at all reasonable times such of those books as that person would be so entitled to inspect. (5) If the Authority considers that it may be necessary to prove the physical properties of any books or of the contents of any books of which possession has been retained under subsection (4)(b) in any criminal proceedings, the Authority may apply to the magistrate who issued the warrant under subsection (1) for an order authorising the Authority to retain possession of the books specified in the order until the criminal proceedings are concluded. (6) If the magistrate is satisfied that there is reasonable ground to believe that the physical properties of the books or of the contents of the books are material evidence in the proposed criminal proceedings, the magistrate may make the order specified in subsection (5). (7) For the purposes of subsections (5) and (6), ***physical properties*** includes, but is not limited to— (a) whether or not any of the books or contents of the books have been forged or tampered with; and (b) whether or not there are finger prints on the books which establish who had physical possession of the books before the books were seized under this section; and (c) whether or not handwriting in any of the books belongs to a particular person. (8) A person must not obstruct or hinder a person employed or acting in the execution or under the authority of a warrant issued under subsection (1) or aiding or assisting in its execution. (9) A person must not refuse to permit a search or seizure authorised by a warrant issued under subsection (1). 1. In the case of a natural person, 60 penalty units or 6 months imprisonment or both; (10) A person must not assault, or attempt to assault, a person employed or acting in the execution or under the authority of a warrant issued under subsection (1) or aiding or assisting in its execution. 1. In the case of a natural person, 240 penalty units or 2 years imprisonment or both; Division 5—Prohibited conduct relating to touting for claims