LEGAL PROFESSION ACT 2006 - SECT 530 Power to enter premises
LEGAL PROFESSION ACT 2006 - SECT 530
Power to enter premises(1) For this Act, an investigator may, in relation to a trust account investigation—
(a) enter premises of the law practice whose affairs are being investigated, or any other premises where the investigator suspects, on reasonable grounds, that the trust records of the law practice required to be kept under this Act are being kept—
(i) at any reasonable time; or
(ii) at any time, with the occupier's consent; or
(b) enter premises in accordance with a search warrant; or
(c) at any time, without the consent of the occupier and without a warrant, enter premises if the investigator believes, on reasonable grounds, that it is urgently necessary to prevent the destruction of or interference with relevant material.
(2) For this Act, an investigator may, in relation to a complaint investigation—
(a) at any time, enter premises with the occupier's consent; or
(b) enter premises in accordance with a search warrant.
(3) However, subsection (1) (a) does not authorise entry into a part of premises that is being used only for residential purposes.
(4) An investigator must not enter premises under subsection (1) (c) unless the relevant council has authorised the investigator (orally or in writing) to enter the premises without consent and without a warrant.
(5) An authorisation under subsection (4) may be subject to conditions stated by the relevant council.
Note The law society council may give an investigator a written notice stating conditions of appointment during the term of the investigator's appointment (see s 234 (3) (b)).
(6) An investigator may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.
(7) To remove any doubt, an investigator may enter premises under subsection (1) or (2) without payment of an entry fee or other charge.