Overview

This bill aims to regulate powers of entry onto premises and the handling of documents by authorized personnel. It introduces stricter guidelines and limitations on when and how these powers can be used, ensuring greater protection of individual rights while maintaining the ability of authorities to enforce laws.

Description

The bill regulates powers of entry and document handling for law enforcement and regulatory purposes. Key aspects include:

• Powers Regulated: The bill covers powers of entry to ascertain offences or compliance with laws, examination, production, and seizure of documents and electronic records, and compulsion regarding document production.
• Limitations on Entry: Entry requires a judge or magistrate's order, unless it's to avert immediate danger. The order must be shown to the property owner/occupier, who must also consent to entry.
• Timing of Entry: Entry is generally limited to weekdays between 8 am and 6 pm, and Saturdays between 8 am and 1 pm, unless otherwise ordered by a court. It excludes bank holidays and other national holidays.
• Number of Entrants: A maximum of four people may enter, including the authorised person, unless otherwise specified in the order.
• Identity and Reason for Entry: The authorised person must identify themselves and all other entrants, and state the reason for the entry to the occupier.
• Document Production: Compelling document production requires a court order with a minimum 5-day deadline for production at the person's place of business or residence. The order specifies the holding period of the documents.
• Document Seizure: Document seizure requires a court order, but only after notification to the document holder, with an opportunity to provide copies. If copies are provided, seizure is not permitted.
• Exemption: The bill does not apply to warrants issued for indictable offences, including terrorism.

Government Spending

The bill is unlikely to have a significant direct impact on government spending. The costs associated with implementing the new regulations would depend on existing resources and would not be explicitly stated within the bill itself.

Groups Affected

The bill primarily affects:

• Law enforcement agencies: Their ability to carry out investigations and enforce laws is modified by the bill's restrictions.
• Regulatory bodies: Their enforcement powers are affected similarly to law enforcement agencies.
• Individuals and businesses: Their rights are enhanced by the stricter guidelines on entry and document seizure. They gain greater protection against unwarranted intrusion.
• Judges and magistrates: They are given a central role in authorizing entries and document seizures.

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