ELECTORAL ACT 1992 - SECT 238 Investigation—search warrants
ELECTORAL ACT 1992 - SECT 238
Investigation—search warrants(1) The commissioner may make an application to a magistrate for the issue of a warrant if—
(a) the commissioner has reasonable grounds for suspecting that there may be, at that time or within the next 24 hours, in or on any premises, an article that may afford evidence relating to a contravention of section 236 (a relevant article ); and
(b) the commissioner has reasonable grounds for believing that, if an investigation notice under section 237 were issued for the production of the relevant article, it might be concealed, lost, mutilated, destroyed or disposed of.
(2) A magistrate may, on application in accordance with subsection (1), issue a warrant authorising the commissioner or any other person named in the warrant, with the assistance the commissioner or person considers necessary, and if necessary by force—
(a) to enter the premises; and
(b) to search the premises for relevant articles; and
(c) to seize any relevant article found in or on the premises.
(3) A magistrate shall not issue a warrant unless—
(a) an affidavit has been lodged with the magistrate setting out the grounds on which the issue of the warrant is being sought; and
(b) the commissioner or another person has given the magistrate, either orally or by affidavit, any further information the magistrate requires about the grounds on which the issue of the warrant is being sought; and
(c) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(4) If a magistrate issues a warrant, the magistrate shall endorse on the affidavit lodged in accordance with subsection (3) the grounds relied on to justify the issue of the warrant.
(5) A warrant shall—
(a) state the purpose for which it is issued, including a reference to the alleged offence in relation to which it is issued; and
(b) specify the hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and
(c) include a description of the kind of articles to which it relates; and
(d) specify the date, not later than 1 month after the date of issue of the warrant, when the warrant ceases to have effect.
(6) If an article is seized by a person under a warrant—
(a) the person may keep the article for as long as is necessary and reasonable for the purposes of the investigation to which it is relevant; and
(b) when retention of the article ceases to be necessary and reasonable for those purposes, the person shall cause it to be delivered to the person who appears to be entitled to possession of the article.
(7) If a document is retained under subsection (6) (a)—
(a) the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the commissioner to be a true copy and the certified copy shall be received in all courts as evidence as if it were the original; and
(b) until the certified copy is supplied, the commissioner shall, at the times and places the commissioner considers appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.