Part 4 General provisions in relation to search, surveillance, and inspection powers

Subpart 1—Application of rules in this Part, and consent searches

Application of rules

89 Application of this Part

(1)

This Part, so far as applicable and subject to any contrary provisions, applies in respect of matters provided in Parts 2 and 3, in respect of each of the following:

(a)

powers conferred on the Police by Part 2:

(b)

search warrants and examination orders applied for, issued, or made under Part 2:

(c)

powers conferred on enforcement officers by Part 3:

(d)

surveillance device warrants, declaratory orders, and production orders applied for, issued, or made under Part 3:

(e)

any other matter provided for in Part 2 or 3.

(2)

This Part also applies in respect of powers conferred by—

(a)

the enactments listed in column 2 of the Schedule, to the extent identified in column 4 of the Schedule:

(b)

any other enactment, to the extent that the other enactment expressly applies any provisions in this Part.

(3)

To the extent of any inconsistency between the Schedule and any other enactment, the other enactment prevails.

(4)

Column 3 of the Schedule does not limit, or affect the interpretation of, any enactment described in that column.

(5)

If any provision in this Part applies (because of subsection (2)) in respect of any warrant or any power that authorises entry and inspection, or entry and examination, every reference in that provision to a search must, in relation to that warrant and its execution, or in relation to that power and its exercise, be read instead, as the case requires, as a reference to an inspection, or a power of inspection, or an examination, or a power of examination.

(6)

If any provision in this Part applies (because of subsection (2)) in respect of any warrant that may be issued, or any power of entry, search, inspection, or examination that may be exercised, by reason of a contravention other than an offence, every reference in that provision to an offence must, in relation to the warrant and its execution, or to the power and its exercise, be read instead as a reference to such a contravention.