(1) An authorised commission officer may apply for a warrant to enter and
search a place (
"search warrant" ) to obtain—
(a) evidence of the commission of major crime
or corruption being investigated by the commission; or
(b) evidence that may
be confiscation related evidence.
(2) The application may be made to a
magistrate or Supreme Court judge, unless the application must be made to a
Supreme Court judge under subsection (3) .
(3) The application must be made
to a Supreme Court judge if, when entering and searching the place, it is
intended to do anything that may cause structural damage to a building.
(4)
An application under this section—
(a) must be sworn and state the grounds
on which the warrant is sought; and
(b) must fully disclose all matters, of
which the authorised commission officer is aware, both favourable and adverse
to the issuing of the warrant sought; and
(c) must include information
required under a regulation about any search warrants issued within the
previous year in relation to the place or a person suspected of being involved
in—
(i) the commission of the major crime or corruption to which the
application relates; or
(ii) the confiscation related activity to which the
application relates; or
(iii) the qualifying offence, or suspected qualifying
offence, to which the application relates.
(5) Subsection (4) (c) applies
only to—
(a) information kept in a register that the commission officer may
inspect; and
(b) information the officer otherwise actually knows.
(6) The
magistrate or judge (the
"issuer" ) may refuse to consider the application until the commission officer
gives the issuer all the information the issuer requires about the application
in the way the issuer requires.
Example—
The issuer may require additional
information supporting the application to be given by statutory declaration.