Entry With or Without Warrant

CCS has powers to inspect or search premises as part of its investigations under section 64 and section 65 of the Act.

Entry without a Warrant (section 64 Notice)

If any premise is suspected to be or has been occupied by an undertaking that is currently under investigation then CCS may issue a section 64 Notice to enter and inspect the premises without notice.  If any premises is not suspected of being occupied by an undertaking under investigation, CCS will give 2 working days notice prior to entry. 

Entry with a Warrant (section 65 Search Warrant)

CCS may apply to Court for a search warrant for officers authorised by CCS to enter premises without notice and conduct a search for documents relating to its investigation.  If upon arrival it is found that there is no one present in the premises CCS will take reasonable steps to contact the occupier to inform them of the intended entry and CCS may use such force as is reasonable to gain entry into the premises.  In the event, CCS uses force to gain entry, a copy of the warrant will be left in a prominent place on the premises, and the premises will be secured when CCS departs.

CCS is empowered to take copies of relevant documents found at the premises and will seize the originals if it appears necessary to preserve or prevent interference with those documents or when it is not reasonably practicable to take copies of the document on the premises. In the event, CCS seizes originals, it will retain the originals for up to 3 months. You may request for a copy of the documents and such a copy will be provided to you as soon as practicable. In addition, CCS may image digital devices found on the premises and if time does not allow for the imaging process to be completed on-site, will seize the digital devices to be imaged at CCS.  If digital devices are seized, CCS will endeavour to return the seized devices within a reasonable time.  You may also make confidentiality claims.