Part 5

Information powers

Inquiries instituted by Commission

Power to obtain search warrant for purposes of inquiry
48
1
A justice of the peace may issue a warrant under this section if satisfied, on information given on oath by a member of the Commission's staff, that there are reasonable grounds for believing that each of the conditions in subsection (2) is satisfied.
2
The conditions are—
a
that an inquiry has been instituted under section 46,
b
that there is on the premises to be specified in the warrant any document or information relevant to that inquiry which the Commission could require to be produced or provided under section 52(1), and
c
that, if the Commission were to make an order requiring the document or information to be so produced or provided—
i
the order would not be complied with, or
ii
the document or information would be removed, tampered with, concealed or destroyed.
3
A warrant under this section is a warrant authorising the member of the Commission's staff who is named in it (“P”)—
a
to enter and search the premises specified in it;
b
to take such other persons with P as the Commission considers are needed to assist P in doing anything that P is authorised to do under the warrant;
c
to take possession of any documents which appear to fall within subsection (2)(b), or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such documents;
d
to take possession of any computer disk or other electronic storage device which appears to contain information falling within subsection (2)(b), or information contained in a document so falling, or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such information;
e
to take copies of, or extracts from, any documents or information falling within paragraph (c) or (d);
f
to require any person on the premises to provide an explanation of any such document or information or to state where any such documents or information may be found;
g
to require any such person to give P such assistance as P may reasonably require for the taking of copies or extracts as mentioned in paragraph (e).