Contents of Section

Chapter:

575 PDFTitle:United Nations (Anti-Terrorism Measures) OrdinanceGazette Number:E.R. 2 of 2012
Section:12CHeading:Authority for searchVersion Date:02/08/2012

(1) An authorized officer may, for the purpose of an investigation into a relevant offence, apply to the Court for a warrant under this section in relation to specified premises.
(2) On such application the Court may issue a warrant authorizing an authorized officer to enter and search the premises if it is satisfied-

    (a) that a requirement imposed under section 12A(6) in relation to material on the premises has not been complied with;
    (b) that an order under section 12B in relation to material on the premises has not been complied with;
    (c) that the conditions referred to in subsection (3) are fulfilled; or
    (d) that the conditions referred to in subsection (4) are fulfilled.
(3) The conditions referred to in subsection (2)(c) are-
    (a) that there are reasonable grounds for suspecting that the relevant offence has been committed;
    (b) that the conditions referred to in section 12B(5)(b) and (c) are fulfilled in relation to any material on the premises;
    (c) that it would not be appropriate to make an order under section 12B in relation to the material because-
        (i) it is not practicable to communicate with any person entitled to produce the material;
        (ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or
        (iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless an authorized officer could secure immediate access to the material.
(4) The conditions referred to in subsection (2)(d) are-
    (a) that there are reasonable grounds for suspecting that the relevant offence has been committed;
    (b) that there are reasonable grounds for suspecting that there is on the premises material which is likely to be relevant to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularized;
    (c) that-
        (i) it is not practicable to communicate with any person entitled to grant entry to the premises;
        (ii) entry to the premises will not be granted unless a warrant is produced; or
        (iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless an authorized officer arriving at the premises could secure immediate entry to them.
(5) Where an authorized officer has entered premises in the execution of a warrant issued under this section, he may seize and retain any material which is likely to be relevant to the investigation for the purpose of which the warrant was issued.
(6) An authorized officer may photograph or make copies of any material seized under this section.
(Added 21 of 2004 s. 12)