Companies Act 2014 section 787

Entry and search of premises

Section 787 sets out the powers of designated officers to obtain and execute search warrants for premises where material information relevant to company law investigations may be found.

  • A District Court judge may issue a search warrant where a designated officer shows reasonable grounds for suspecting that material information is located on any premises, including a dwelling
  • The warrant authorises a named officer to enter premises (by force if necessary), search, require identification from persons present, seize material information, and take steps to preserve evidence
  • Extended seizure powers allow removal of items off-site where it is not practicable to determine relevance or separate seizable information on the premises
  • The warrant is valid for 30 days from issue but may be extended by the District Court, and officers may also operate computers and require passwords and assistance to access electronic information

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