Section 53: Entry and search

53. Entry and search (1) Subject to subsection (2), the Executive Director may, for the purposes of this Act— (a) enter and search any premises and take possession of any specified documents; (b) take copies of any such documents; (c) require any person to provide an explanation of any such documents or to state where they may be found; (d) require any information which is in a computer and is accessible from the premises, to be produced in a form in which it is legible and in which it can be taken away; (e) seize and detain items which may be required as evidence. (2) The Executive Director or any person delegated by him shall not enter and search any premises without a warrant signed by a Magistrate. (3) A Magistrate may issue a warrant where he is satisfied— (a) that the Executive Director has reasonable grounds for suspecting that there are on any premises documents which he has power to require to be produced and that those documents have not been produced following a request; or (b) that the Executive Director has reasonable grounds for suspecting that the documents required to be produced, would be altered, suppressed or disposed of. (4) Where a Magistrate is satisfied that the Executive Director has reasonable grounds to believe that a person, in executing the warrant, has been or will be refused access to any premises or document, the Magistrate may direct a police officer to take such steps as are reasonably necessary to enter the premises and to enable the warrant to be executed. (5) The owner, occupier or person in charge of any premises in respect of which an authorised officer enters pursuant to a warrant issued under this section shall provide the officer with all reasonable facilities and assistance in the exercise of his powers. (S. 53 came into operation on 25 November 2009.)