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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 158

Form and content of search warrants

    (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;

S. 158(1)(ba) inserted by No. 23/2016 s. 10(1).

        (ba)     make an image of the hard drive of a computer, or a computer of a particular kind, named or described in the warrant, if the inspector believes on reasonable grounds that information contained on the hard drive is connected with the alleged contravention;

S. 158(1)(bb) inserted by No. 23/2016 s. 10(1).

        (bb)     in the case of information in electronic or digital format described in the warrant that is accessible from the premises, if the inspector believes on reasonable grounds that the information is connected with the alleged contravention—

              (i)     access the information via any computer or other electronic device located on the premises;

              (ii)     download or make an electronic copy of that information;

              (iii)     make or produce a physical copy of that information;

S. 158(1)(c) amended by No. 23/2016 s. 10(2).

        (c)     make any still or moving image, audio recording 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).

S. 158A inserted by No. 23/2016 s. 11.



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