New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 19A

19A Powers of search and seizure under search warrant

(1) In this section:
"authorised officer" has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 .
"place" includes a vehicle, vessel or aircraft.

(2) An investigator may apply to an authorised officer for the issue of a search warrant if the investigator believes on reasonable grounds that there is evidence of a contravention of a provision of this Act on any place or land.

(3) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any investigator:

(a) to enter the place or land specified in the warrant, and

(b) to search for evidence of a contravention of a provision of this Act, and

(c) to exercise the powers of an investigator under subsection (4).

(4) An investigator executing a search warrant issued under this section may:

(a) examine anything (whether or not specified in the warrant) that the investigator believes on reasonable grounds may provide evidence of a contravention of a provision of this Act, and

(b) seize anything (whether or not specified in the warrant) that the investigator believes on reasonable grounds is connected with a contravention of a provision of this Act.

(5) The power to seize anything that is connected with a contravention of a provision of this Act includes a power to seize anything that will provide evidence of the contravention.

(6) Anything seized by an investigator under the authority of a search warrant issued under this section must be returned to the person who had lawful possession of the thing before it was seized if its retention as evidence in proceedings for an offence against this or any other Act is not required.

(6A) The Director-General may order that anything seized by an investigator under the authority of a search warrant issued under this section be sold, destroyed or otherwise disposed of, if:

(a) the thing is no longer required to be retained as evidence in proceedings for an offence against this or any other Act, and

(b) the person who had lawful possession of the thing before it was seized cannot be found or does not wish to have the thing returned.

(6B) If the thing is disposed of by way of sale, the proceeds of sale are to be paid to the Treasurer for payment into the Consolidated Fund.

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

(8) Nothing in this section limits any of the other functions that may be exercised by an investigator under this Division.