Part 6
Miscellaneous provisions

47 Power to search
  • (1) The Commission may, from time to time, authorise an employee of the Commission to search, under a warrant issued under subsection (2), any place named in the warrant for any of the purposes set out in that subsection.

    (2) A District Court Judge, Justice, Community Magistrate, or court Registrar (not being a constable) may, by warrant, authorise a person who is authorised under subsection (1) to search a place specified in the warrant if he or she is satisfied on application made on oath by that employee that there are reasonable grounds to believe that a search is necessary for the purpose of—

    • (a) investigating—

      • (i) whether a person has engaged in, or is engaging in, conduct that constitutes, or may constitute, a contravention of this Act; or

      • (ii) the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act; or

    • (b) gathering, obtaining, or recovering evidence of—

      • (i) conduct that constitutes, or may constitute, a contravention of this Act; or

      • (ii) the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act.

    (3) A person who applies for a warrant shall, having made reasonable inquiries, disclose—

    • (a) details of every previous application for a warrant to search the place that the person knows has been made within the preceding 28 days; and

    • (b) the result of the application.

    Section 47: substituted, on 1 July 1990, by section 3 of the Fair Trading Amendment Act 1990 (1990 No 42).

    Section 47(1): substituted, on 8 July 2003, by section 14 of the Fair Trading Amendment Act 2003 (2003 No 31).

    Section 47(2): substituted, on 8 July 2003, by section 14 of the Fair Trading Amendment Act 2003 (2003 No 31).