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In forceAmended2020 Revised Edition

Part 7 · Transparency and Effective Control

84H. Issuance of warrant to enter premises, etc.

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Amended

Last amended by an amending law of 2024.

(1)

A court may, on the application of the Commissioner, issue a warrant, if the court is satisfied that —

(a)

there are reasonable grounds for suspecting that there are, on any premises —

(i)

any information, document or material the production of which has been required under section 84G but which has not been produced as required; or

(ii)

any computer or other equipment in which is stored in electronic form any information, document or material mentioned in sub‑paragraph (i); or

(b)

there are reasonable grounds for suspecting that —

(i)

there are, on any premises —

(A)

any information, document or material which the Commissioner has power under section 84G to require to be produced; or

(B)

any computer or other equipment in which is stored in electronic form any information, document or material mentioned in sub‑paragraph (A); and

(ii)

if the information, document or material were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed.

(2)

A warrant issued under subsection (1) authorises the Commissioner, and any other persons that the Commissioner may require to assist him or her, to do all or any of the following:

(a)

to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;

(b)

to search any person on the premises, if there are reasonable grounds to suspect that the person has in his or her possession the information, document, material, computer or equipment;

(c)

to search the premises and to break open and search anything, whether a fixture or not, in the premises and take copies of, or extracts from, the information, document or material;

(d)

to access, inspect and check the operation of a computer or other equipment on the premises specified in the warrant, if there are reasonable grounds to suspect that —

(i)

any information, document or material mentioned in subsection (1)(a)(i) or (b)(i)(A) is or has been contained in or available to the computer or equipment; or

(ii)

the computer or equipment is a computer or equipment mentioned in subsection (1)(a)(ii) or (b)(i)(B);

(e)

to use the computer or equipment mentioned in paragraph (d), or cause any such computer or equipment to be used —

(i)

to search any information, document or material that appears to be any information, document or material mentioned in subsection (1)(a)(i) or (b)(i)(A), that is contained in or available to such computer or equipment; and

(ii)

to make a copy of any such information, document or material;

(f)

to prevent any other person from gaining access to, or using, any computer or other equipment mentioned in paragraph (d) (including by changing any username, password or other authentication information required to gain access to the computer or equipment);

(g)

to order any person —

(i)

to stop accessing or using or to not access or use any computer or other equipment mentioned in paragraph (d); or

(ii)

to access or use any such computer or other equipment only under such conditions as the Commissioner or any person assisting the Commissioner may specify;

(h)

to require any person on the premises to provide an explanation of the information, document or material or to state, to the best of the person’s knowledge and belief, where it may be found;

(i)

to require the information, document or material which is stored in electronic form and accessible from the premises to be produced in a form which —

(i)

can be taken away; and

(ii)

is visible and legible;

(j)

to photograph or film, or make any record or sketch of, any part of the premises, or any thing at the place.

(3)

A warrant issued under subsection (1) —

(a)

must —

(i)

indicate the subject matter and state the offence being investigated; and

(ii)

provide information on the nature of an offence under section 84L, and the nature of an offence under section 84M; and

(b)

continues in force until the end of the period of one month starting on the day on which the warrant is issued.

(4)

In this section, “court” means the General Division of the High Court, a District Court or a Magistrate’s Court.

(5)

In this section and section 84I, “premises” includes any structure, building, aircraft, vehicle or vessel.

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