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COMMISSIONS OF INQUIRY ACT 1995 - SECT 24 Power of entry, search and seizure

COMMISSIONS OF INQUIRY ACT 1995 - SECT 24

Division 3 - Obtaining evidence Power of entry, search and seizure

(1)  If a Commission believes on reasonable grounds that a document or thing that it considers relevant to its inquiry is in any place, building or vehicle, the Commission may apply to a magistrate for a warrant.
(2)  A magistrate to whom an application under subsection (1) is made may issue a warrant if satisfied that –
(a) the document or thing referred to in the application is relevant to the Commission's inquiry; and
(b) there are reasonable grounds to suspect that the document or thing is in the place, building or vehicle referred to in the application.
(3)  A warrant issued under this section authorises the person named in the warrant, together with any police officer that person calls on for assistance, to –
(a) enter and search the place, building or vehicle specified in the warrant, using such force as is reasonably necessary; and
(b) take possession on behalf of the Commission of the document or thing in respect of which the warrant has been issued.
(4)  A warrant issued under this section may be made subject to any conditions the magistrate considers appropriate.
(5)  If a Commission obtains possession of a document or thing as a result of a search conducted pursuant to a warrant issued under this section, the Commission –
(a) may retain the document or thing until the conclusion of its inquiry or until the document or thing is no longer required by the Commission; and
(b) must then return the document or thing to a person from whose possession or custody it was taken.