New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 41Q

41Q Search warrant

(1) The public inquirer may direct an authorised officer to apply to an authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 ) for a search warrant if the public inquirer has reasonable grounds for believing that documents or things relating to a matter relevant to a public inquiry are kept at a particular place and that--

(a) the place is used as a dwelling, or

(b) a person having custody or control of those documents or things has neglected or failed to comply with a requirement under this Act to produce them or to furnish copies of or extracts from them, or

(c) the place is unoccupied or the occupier is temporarily absent.

(2) A direction under this section operates to authorise the authorised officer to make an application under section 25I even if the officer does not have the kind of belief referred to in section 25I (1).

(3) To avoid doubt, a search warrant issued under section 25I on an application directed under this section may extend to things as well as documents.