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.