AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 158 Form and content of search warrants

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 158

    (1)     A search warrant issued under section 157(3) may authorise the inspector named in the warrant to enter premises specified in the warrant, if necessary by force, and do any of the following—

        (a)     if the inspector believes on reasonable grounds that a thing, or thing of a particular kind, named or described in the warrant is connected with the alleged contravention—

              (i)     search for the thing;

              (ii)     seize the thing;

              (iii)     secure the thing against interference;

              (iv)     examine, inspect and take and keep samples of the thing;

        (b)     in the case of any document, or document of a particular kind, named or described in the warrant, if the inspector believes on reasonable grounds that the document is connected with the alleged contravention—

              (i)     require the document to be produced for inspection;

              (ii)     examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts;

              (iii)     remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

        (c)     make any still or moving image or audio-visual recording of any thing of a particular kind named or described in the warrant, if the inspector believes on reasonable grounds that it is connected with the alleged contravention.

    (2)     A search warrant issued under section 157(3) may authorise, in addition to an inspector, any other person named or otherwise identified in the warrant to execute the warrant.

    (3)     A search warrant issued under section 157(3) must state—

        (a)     the purpose for which the search is required and the nature of the alleged contravention; and

        (b)     any conditions to which the warrant is subject; and

        (c)     whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

        (d)     a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

    (4)     Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants issued under section 157(3).