Section 46: Warrant to search and seize
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
46. Warrant to search and seize
(1) Subject to subsection (2), where the Controller has reasonable ground
to believe that an offence has been, is being or is likely to be committed under this Act, he may apply to a District Magistrate for the issue of a warrant
to an authorised officer to—
(a) enter and search any business premises or place where any
business is carried on or anything is done in connection with the
business;
(b) inspect or examine any equipment, apparatus, material, record,
document or other information, whether kept on computer or
otherwise, found therein; and
(c) seize any such equipment, apparatus, material, record, document
or other information, where such seizure is necessary for any
examination or investigation.
(2) Subsection (1) shall not apply to any person referred to in section 45 (2).
(3) Any equipment, apparatus, material, record, document or other information seized under subsection (1) (c) shall be returned to the person
from whom they were seized when no longer required.
(S. 42 came into operation on 1 December 2010.)
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Questions this section answers
- Does the Controller need a warrant from a District Magistrate to search premises and seize equipment under this Act?