New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 29

29 Search warrant

(1) An authorised inspector may apply to an authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 ) for a search warrant if the inspector has reasonable grounds for believing that documents relating to any matter in question at an inquiry being conducted under this Act are kept at a particular place and that:

(a) the place is used as a dwelling, or

(b) a person having custody or control of those documents has neglected or failed to comply with a requirement under this Act to produce them or to furnish copies of or extracts from them, or

(c) the place is unoccupied or the occupier is temporarily absent.

(2) The authorised officer to whom the application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised inspector named in the warrant to enter the place and to search for and take possession of documents of a kind specified in the warrant.

(3) An authorised inspector who enters any place by virtue of such a warrant may take with him or her such other persons as may be necessary, and on leaving any unoccupied place so entered must, as far as practicable, leave it as effectively secured against trespassers as he or she found it.

(4) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.