Immigration Amendment Act 2015

75 Section 293A replaced (Immigration officer may apply for search warrant)

Replace section 293A with:

293A Warrant to enter and search

(1)

An immigration officer may apply for a search warrant to search any place or thing.

(2)

The application must be made, in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, to an issuing officer (within the meaning of section 3(1) of that Act).

(3)

An issuing officer may issue a search warrant to an immigration officer if the issuing officer is satisfied that there are reasonable grounds—

(a)

to suspect that any relevant offence specified in the application has been committed, is being committed, or will be committed; and

(b)

to believe that the search will find evidential material in respect of the offence in or on the place or thing specified in the application.

(4)

In this section, relevant offence means an offence against—

(a)

this Act or any regulations made under it; or

(b)

the former Act or any regulations made under it; or

(c)

any other enactment, if the offence relates directly to matters concerning immigration.

(5)

The provisions of Part 4 of the Search and Surveillance Act 2012 apply, except that sections 118 and 119 apply only if the warrant is executed (as provided for in section 293 of this Act) by a constable.