Section 73Part 12 — Anti-competitive practices
Power to enter premises under a warrant
←→ Navigate · Click subsection badges to collapse · Press ? for help
73. (1) On an application made by the Office to the Court in accordance with rules of court, a judge may issue a warrant if the judge is satisfied that —
there are reasonable grounds for believing that there are, on any premises, documents or information —
the production of which has been required under section 72; and
which have not been produced as required; or
there are reasonable grounds for believing that —
there are on any premises documents or information which the Office has power under section 72 to require to be produced; and would not be produced but would be concealed, removed, tampered with or destroyed.
if the documents or information were required to be produced, they
A warrant under this section shall authorise a named officer of the Office, and any other officers of the Office or other person or persons whose assistance the named officer considers reasonably necessary in the circumstances —
to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (in this Part referred to as “the relevant kind”);
to take possession of any documents appearing to be of the relevant kind if — Section 74 Utility Regulation and Competition Act (2024 Revision) Page 52 Revised as at 31st December, 2023 c
such action appears to be necessary for preserving the documents or preventing interference with them; or premises;
it is not reasonably practicable to take copies of the documents on the
to take any other steps which appear to be necessary for the purpose mentioned in paragraph (c)(i);
to require any person to provide an explanation of any document appearing to be of the relevant kind or to verify by affidavit, or state on oath, where to the best of that person’s knowledge, information and belief the document is or may be found; and
to require any information which is held in a computer and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form in which it can be taken away, and in which it is visible and legible.
Where, in the case of a warrant under subsection (1)(b), the judge is satisfied that it is reasonable to believe that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise action under subsection (2) that the judge considers necessary to be taken in relation to any such document.
Any person entering premises by virtue of a warrant under this section may take such equipment and materials as appears to that person to be necessary.
The named officer, on leaving any premises which the named officer has entered by virtue of a warrant under this section, shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured as the named officer found them.
A warrant under this section continues in force until the end of the period of twenty-eight days beginning with the day on which it is issued.
Any document of which possession is taken under subsection (2)(c) may be retained for a period of three months; and where no action is taken by the Office in respect of an offence relating to the document within three months after seizure under this Act, or, if action is taken but no decision relating to forfeiture is made, the document shall be returned by the Office to the person from whom it is seized.