Power to enter premises under warrant
39.—(1)  A Magistrate may, on the application of an investigation officer, issue a warrant in respect of any premises if the Magistrate is satisfied that there are reasonable grounds to suspect that there is on the premises any document —
(a)which has been required by an investigation officer under section 38 to be furnished, but has not been furnished in compliance with that requirement; or
(b)which, if required by an investigation officer under section 38 to be furnished, will be concealed, removed, tampered with or destroyed.
(2)  If the Magistrate is also satisfied that there are reasonable grounds to suspect that there is on those premises any other document that relates to any matter relevant to the investigation concerned, the Magistrate may direct that the powers exercisable under the warrant extend to that other document.
(3)  A warrant under subsection (1) may authorise a named investigation officer, and any other officer whom the Commissioner has authorised in writing to accompany the investigation officer —
(a)to enter and search the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
(b)to take possession of, make copies of, or secure against interference, any document (or any part of it) that appears to be a document mentioned in subsection (1) or (2) (called in this section the relevant document);
(c)to require any person on the premises to provide an explanation of any relevant document or, where applicable, to state, to the best of that person’s knowledge and belief, where the relevant document may be found; and
(d)to require any relevant document that is stored in electronic form and accessible at the premises to be produced in a form that —
(i)can be taken away; and
(ii)is visible and legible.
(4)  The warrant continues in force until the end of the period of one month beginning on the day on which it is issued.
(5)  If the owner or occupier of the premises is present when the investigation officer proposes to execute the warrant, the investigation officer must —
(a)identify himself or herself to the owner or occupier;
(b)show the owner or occupier proof of the identity and authorisation of the investigation officer; and
(c)give the owner or occupier a copy of the warrant.
(6)  If there is no one at the premises when the investigation officer proposes to execute the warrant, the investigation officer must, before executing it —
(a)take such steps as are reasonable in all the circumstances to inform the owner or occupier of the premises of the intended entry into the premises; and
(b)where the owner or occupier is so informed, give the owner or occupier or the legal or other representative of the owner or occupier a reasonable opportunity to be present when the warrant is executed.
(7)  If the investigation officer is unable to inform the owner or occupier of the premises of the intended entry into the premises, the investigation officer must, when executing the warrant, leave a copy of it in a prominent place on the premises.
(8)  The investigation officer must —
(a)prepare and sign a list of all documents and other things taken under subsection (3)(b) and (d) in execution of the warrant; and
(b)give a copy of the list to the owner or occupier of the premises or the legal or other representative of the owner or occupier.
(9)  On leaving the premises after executing the warrant, the investigation officer must, if the premises are unoccupied or the owner or occupier of the premises is temporarily absent, leave the premises as effectively secured as the investigation officer found them.
(10)  In this section —
“occupier”, in relation to any premises specified in a warrant under subsection (1), means a person whom the investigation officer named in the warrant reasonably believes to be the occupier of those premises;
“premises” includes any building, structure, vehicle, vessel or aircraft.