ACT 606
OPTICAL DISCS ACT 2000

PART VII - ENFORCEMENT



Section 38. Search by warrant.


(1) If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that an offence under this Act is being or has been committed on any premises, the Magistrate may issue a warrant authorising any Assistant Controller or police officer not below the rank of Inspector named therein to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force.

(2) An Assistant Controller or a police officer not below the rank of Inspector may, in the premises entered under subsection (1) , search and seize any article, optical disc, thing, book or document, including computerised data, which contain or is reasonably believed to contain information as to any offence suspected to have been committed and is likely to disclose evidence of the commission of any offence under this Act.

(3) An Assistant Controller or a police officer not below the rank of Inspector conducting a search under subsection (1) may, if in his opinion it is reasonably necessary to do so for the purpose of investigating into the offence, search any person who is in or on such premises but no female person shall be searched except by another female person.

(4) An Assistant Controller or a police officer not below the rank of Inspector entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary.

(5) An Assistant Controller or a police officer not below the rank of Inspector shall, on leaving any premises, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.

(6) An Assistant Controller or a police officer not below the rank of Inspector making a search of a person under subsection (3) may seize, detain or take possession of any article, optical disc, thing, book or document found on such person for the purpose of the investigation being carried out by such officer.

(7) Where, by reason of its nature, size or amount, it is not practicable to remove any article, optical disc, thing, book or document, seized under this section, the seizing officer shall, by any means seal the article, optical disc, thing, book or document in the premises or container in which it is found.

(8) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes any article, optical disc, thing, book or document under seal or attempts to do so commits an offence.