Companies Act 2014 section 788

Supplemental provisions in relation to section 787(3) to (5)

Section 788 sets out the safeguards and procedural requirements that apply when an officer exercises an extended power of seizure under a search warrant, including arrangements for storage, access, confidentiality, timely examination of seized items, and the role of the court in overseeing the process.

• Before exercising an extended power of seizure, the officer must make reasonable arrangements for storage, owner access, and confidentiality — unless doing so risks concealment or destruction of evidence
• The officer must examine seized items as soon as practicable, generally within three months, and return anything that is not material information within seven days of that finding
• The court may, on application, vary timelines, alter storage and access arrangements, or in exceptional circumstances order the return of seized items even before examination is complete
• The Minister may prescribe different time periods following a review of how the seizure provisions are operating in practice, and may make supplementary regulations as considered necessary