New South Wales Consolidated Acts

POLICE INTEGRITY COMMISSION ACT 1996 - SECT 45

45 Issue of search warrant

(1) Power of authorised officer to issue warrant (cf ICAC Act s 40 (1); RC (PS) Act s 15 (1))
An authorised officer to whom an application is made under subsection (4) may issue a search warrant if satisfied that there are reasonable grounds for doing so.

(2) Power of Commissioner to issue warrant (cf ICAC Act s 40 (2); RC (PS) Act s 15 (2))
The Commissioner, on application made to the Commissioner under subsection (4), may issue a search warrant if the Commissioner thinks fit in the circumstances and if satisfied that there are reasonable grounds for doing so.

(3) Preference for issue by authorised officer (cf ICAC Act s 40 (3); RC (PS) Act s 15 (3))
Search warrants should, as far as practicable, be issued by authorised officers, but nothing in this subsection affects the discretion of the Commissioner to issue them.

(4) Application for warrant (cf ICAC Act s 40 (4); RC (PS) Act s 15 (4) (a))
An authorised person may apply to an authorised officer or the Commissioner for a search warrant if the person has reasonable grounds for believing that there is in or on any premises a document or other thing connected with any matter that is being investigated under this Act or that such a document or other thing may, within the next 72 hours, be brought into or onto the premises.

(5) Definition (cf RC (PS) Act s 15 (5))
In this section:
"authorised person" means an officer of the Commission and, in relation to an application to an authorised officer for a search warrant, includes the Commissioner.