HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 49
HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 49
(1) On the application
of the Commissioner, a magistrate may issue a warrant if the magistrate is
satisfied that there are reasonable grounds—
(a) for
believing that entry and inspection of premises are necessary to enable the
Commissioner to carry out an investigation under this Part; or
(b) for
suspecting that there may be on premises a document or other thing relevant to
a matter the Commissioner is investigating under this Part.
(2) A warrant
authorises a person named in the warrant, and any person assisting that
person, with such force as is necessary—
(a) to
enter and remain in the premises specified in the warrant; and
(b) to
search those premises and any person or thing in those premises; and
(c) to
break open and search anything in those premises in which any document or
other thing relevant to the investigation may be contained; and
(d) to
take photographs; and
(e) to
seize and remove anything in those premises which that person has reasonable
grounds for believing is relevant to the investigation; and
(f) to
examine, seize and remove, make copies of, or take extracts from, any document
in those premises which that person has reasonable grounds for believing is
relevant to the investigation; and
(g) to
require a health or community service provider or any other person employed in
those premises to provide information by answering questions which that person
considers relevant to the investigation.
(3) A warrant
must—
(a) be
in a prescribed form; and
(b)
specify the premises in respect of which it is made.
(4) A warrant has
effect for a period of 30 days after the day on which it is issued.