New South Wales Consolidated Acts

CO-OPERATIVE HOUSING AND STARR-BOWKETT SOCIETIES ACT 1998 - SECT 33

33 Entry and search-evidence of offences

(1) Subject to subsection (3), if an inspector has reasonable grounds for suspecting that there is in a place a particular thing ( "the evidence") that may afford evidence of the commission of an offence against this Act, the inspector may:

(a) enter the place, and

(b) exercise the powers set out in section 34 (General powers of inspector in relation to places).

(2) If an inspector enters the place and finds the evidence, the following provisions have effect:

(a) the inspector may seize the evidence,

(b) the inspector may keep the evidence for 60 days or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and of any appeal in relation to the proceeding,

(c) if the evidence is a document-while the inspector has possession of the document, the inspector may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.

(3) An inspector must not enter the place or exercise a power under subsection (1) unless:

(a) the occupier of the place consents to the entry or exercise of the power, or

(b) a warrant under section 36 (Offence related warrants) that was issued in relation to the evidence authorises the entry or exercise of the power.

(4) If, while searching the place under subsection (1) under a warrant under section 36 (Offence related warrants):

(a) an inspector finds a thing that the inspector believes, on reasonable grounds, to be:

(i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1), or

(ii) a thing that will afford evidence of the commission of another offence against this Act, and

(b) the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent:

(i) its concealment, loss or destruction, or

(ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be,

subsection (2) applies to the thing as if it were the evidence.

(5) An inspector who seizes or damages anything under this section must give written notice of particulars of the thing or damage.

(6) The notice must be given to:

(a) if anything is seized-the person from whom the thing was seized, or

(b) if damage is caused to anything-the person who appears to the inspector to be the owner.