Australian Capital Territory Consolidated Acts

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COOPERATIVES ACT 2002 - SECT 399

Search warrants

    (1)     An inspector may apply to a magistrate for the issue of a search warrant in relation to premises if the inspector suspects on reasonable grounds—

        (a)     that the affairs or activities of a cooperative are being managed or conducted on the premises; or

        (b)     that there is evidence on the premises of the commission of an offence against this Act; or

        (c)     that there are relevant documents on the premises.

    (2)     If a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for doing so, the magistrate may issue a search warrant authorising an inspector named in the warrant and any assistants the inspector considers necessary to enter the premises and exercise all or stated functions of an inspector on the premises.

    (3)     In addition to any other requirement, a search warrant issued under this section must state—

        (a)     the grounds for the issue of the warrant; and

        (b)     the premises to be searched; and

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

        (d)     whether entry is authorised to be made at any time or during stated hours; and

        (e)     a day, not later than 7 days after the day of issue of the warrant, when the warrant ceases to have effect.

    (4)     A police officer may accompany an inspector executing a search warrant issued under this section and may take all reasonable steps to assist in the exercise of the functions of the inspector under this Act.



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