Overview

This bill aims to regulate powers of entry onto premises and the handling of documents by authorized personnel. It introduces stricter limitations and safeguards to ensure these powers are used responsibly and within clearly defined parameters, requiring judicial oversight in many instances.

Description

The bill regulates powers of entry and document handling related to investigations and compliance checks. Key aspects include:

• Powers Covered: The bill governs powers of entry to ascertain offenses or compliance with laws, examination, production, and seizure of documents and electronic records, and compelling document production.
• Limitations on Entry: Entry requires a judge or magistrate's order, unless it's to prevent immediate danger. The order must be shown to the property owner, and their consent is needed. Entries are limited to weekdays between 8 am and 6 pm, and Saturdays between 8 am and 1 pm (unless a court order states otherwise). A maximum of four people may enter.
• Document Production: Compelling document production also necessitates a court order setting a deadline (no earlier than 5 pm on the seventh working day), specifying the return period and location for production.
• Document Seizure: Seizure requires a separate court order, only issued if the person hasn't provided copies within the specified timeframe.
• Identification and Notification: Authorized personnel must identify themselves and state the reason for entry.
• Exemptions: The bill does not apply to warrants issued for indictable offences, including terrorism.

Government Spending

The bill's impact on government spending is not directly specified in the text. The cost of implementing the additional procedural requirements may be borne by relevant government departments involved in enforcement but no figures are provided.

Groups Affected

• Enforcement Agencies: These agencies will face stricter procedures, increasing administrative burden. They may need additional resources for obtaining judicial orders.
• Businesses and Individuals: Businesses and individuals subject to investigation will have enhanced protections regarding entry and document requests. Compliance may require changes in record-keeping procedures.
• Judiciary: Judges and magistrates will have an increased workload due to the additional court applications required.

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