New South Wales Consolidated Acts New South Wales Consolidated Acts(s 40 ICAC Act)
(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) 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) 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) 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:(a) there is in or on any premises a document or other thing connected with any matter that is the subject of the Commission’s inquiry or that such a document or other thing may, within the next following 72 hours, be brought into or onto the premises, and(b) the matter involves any conduct of a person that constitutes or involves or may constitute or involve a criminal offence.
(5) In this section:
"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .
"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.