## Search warrants 

59B. —(1) A magistrate or justice of the peace may issue a search warrant if satisfied by information on oath that— 

(a) there is reasonable cause to suspect that a relevant offence under these Regulations has been, or is being, or is about to be, committed, and 

(b) evidence in relation to the offence is to be found on a ship, aircraft, vehicle or premises specified in the information. 

(2) A search warrant issued under this regulation is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant. 

(3) The powers conferred on an authorised officer by a search warrant under this regulation include powers to— 

(a) in the case of a power to enter a ship, aircraft or vehicle, stop that ship, aircraft or vehicle; 

(b) enter any land, where such entry appears to the authorised officer to be necessary in order to enter the ship, aircraft, vehicle or premises specified in the information; 

(c) take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the authorised officer to be necessary; 

(d) inspect and seize any thing found in the course of a search if the authorised officer has reasonable cause to suspect that— 

(i) it is evidence in relation to a relevant offence under these Regulations, or 

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed; 

(e) take copies of any document. 

(4) An authorised officer who enters a ship, aircraft, vehicle or premises under a search warrant issued under this regulation may— 

(a) search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to suspect to be in possession of any thing which may be required as evidence for the purposes of proceedings in respect of a relevant offence under these Regulations, and 

(b) seize any such thing found in such a search. 

(5) Any thing seized under paragraphs (3)(d) or (4)(b)— 

(a) may be retained for so long as is necessary in all the circumstances, and 

(b) where that thing is prohibited goods and is not authorised by a trade licence, may be forfeited, disposed of or transferred as appropriate. 

(6) A search of a person under paragraph (4)(a) must be carried out by a person of the same sex. 

(7) An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation. 

(8) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation. 

(9) Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles. 

(10) For the purposes of this regulation— 

“dual-use goods” has the meaning given in regulation 21 (interpretation of other expressions used in this Part); 

“information on oath” includes any other form of application for a search warrant applicable in the Territory; 

