FAIR TRADING ACT 2010 - SECT 78
FAIR TRADING ACT 2010 - SECT 78
78 . Warrants, execution and duration of
(1) Entry authorised
by a warrant under section 74 may be made with whatever assistance and
equipment is reasonably necessary for the purpose for which entry is required.
(2) A person executing
a warrant under section 74, and a person assisting that person, may use any
force that is reasonably necessary for the execution of the warrant.
(3) A warrant
authorising the entry and search of a motor vehicle authorises the person
executing the warrant to enter any place where the person has reasonable
grounds to believe that the vehicle is, for the purpose of locating it and
searching it.
(4) Before entering
any premises or motor vehicle under a warrant, the person executing the
warrant must show the person, if any, who gives the person entry to the
premises or motor vehicle —
(a) in
the case of the Commissioner, a document signed by the Minister and certifying
that the person is the Commissioner; and
(b) in
the case of an authorised person other than the Commissioner, a document
signed by the Commissioner and certifying that that person is an authorised
person.
(5) The person
executing the warrant must produce it for inspection if asked by —
(a) the
occupier or a person in charge of the premises; or
(b) a
person in charge of the motor vehicle.
(6) When executing a
warrant, an authorised person may require any person who has the control of
any premises, motor vehicle or thing that the authorised person is authorised
to enter or inspect to furnish reasonable access to it and to give other
reasonable assistance.
(7) A warrant ceases
to have effect on the earliest of the following —
(a) at
the end of the period of one month after its issue;
(b) if
it is withdrawn by the magistrate or justice of the peace who issued it;
(c) when
it is executed.