FAIR TRADING ACT 2010 - SECT 74

FAIR TRADING ACT 2010 - SECT 74

74 .         Warrants, issue and effect of

        (1)         A magistrate or justice of the peace to whom an application is made under section 71 may issue a warrant if satisfied that the authorised person has reasonable grounds for believing that entry and inspection of the premises or motor vehicle are necessary for the purposes of carrying out an investigation or inquiry under this Act or another Act.

        (2)         A warrant under subsection (1) authorises the person to whom the warrant is issued —

            (a)         to enter the premises or motor vehicle named in the warrant and search the premises or motor vehicle and any thing that is found on the premises or in or on the motor vehicle; and

            (b)         to inspect documents and other things, and take copies or extracts from documents found on the premises or in or on the motor vehicle; and

            (c)         to inspect, examine, take measurements of, or conduct tests on, any thing found on the premises, or in or on the motor vehicle, that is relevant to the investigation or inquiry; and

            (d)         to take and remove for examination, analysis or testing a sample of any thing found on the premises, or in or on the motor vehicle, that is relevant to the investigation or inquiry, without paying for the sample; and

            (e)         to inspect any service carried on in the premises or from the motor vehicle; and

            (f)         to take measurements or recordings of any sort; and

            (g)         to take photographs, sound and video recordings and drawings of the premises or motor vehicle searched, and of any thing found in those premises or in or on that motor vehicle, if the person exercising the power has reasonable grounds for believing that the photographs or sound or video recordings or drawings may be relevant to the purposes of the entry and search; and

            (h)         to seize things that may be seized under section 79.

        (3)         The warrant must state —

            (a)         the purpose for which the warrant is issued; and

            (b)         the name of the person to whom the warrant is issued; and

            (c)         a description of the premises or motor vehicle that may be entered.

        (4)         The magistrate or justice of the peace who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate or justice of the peace has relied on to justify the issue of the warrant.