Section 30 Federal Competition and Consumer Protection Act 2018
Section 30 of the Federal Competition and Consumer Protection Act 2018 is about Duties of a person executing a warrant. It is under Part VI (Enforcement Warrants and Requests for Information) of the Act.
(1) A person executing a warrant shall-
(a) be in possession of the warrant at the time of its execution;
(b) produce it on initial entry and, if requested, at any subsequent time; and
(c) produce a valid identification to the owner or occupier or person in charge of the place if that person is present.
(2) A person executing a warrant shall, on entry into any premises pursuant to a warrant, produce a valid identification document and the authority to enter.
(3) A person executing a warrant shall, before leaving the premises, leave in a conspicuous place at the premises searched –
(a) in the case of a search carried out at a time when the owner or occupier was not present, a written notice stating –
(i) the date and time when the warrant was executed, and
(ii) the name of the person who executed the warrant and the names of the person or persons who rendered assistance in the course of executing the warrant; and
(b) upon the completion of the search authorised by a warrant, where a document or article or thing was removed from the place being searched, leave a schedule containing a list of articles, documents, extracts or things removed from the premises during the search.
(4) where it is not practicable to prepare a schedule before completing the search, or if the owner or occupier of the place being searched consents, the person executing the warrant –
(a) may, instead of leaving a schedule, leave a notice stating that documents, articles or things have been removed during the search and that, within seven days of the search, a schedule will be delivered, left, or sent stating the documents, articles or things that have been removed; and
(b) shall, within seven days of the search –
(i) deliver a schedule to the owner or occupier,
(ii) leave a schedule in a prominent position at the place searched, or
(iii) send a schedule by registered mail to the owner or occupier of the place searched.
(5) Every schedule prepared under subsection (3) or (4) shall state-
(a) the documents, articles and things that were removed;
(b) the location from which they were removed; and
(c) the location where they are being held.
(6) The Commission, or any person authorised by the Commission for that purpose, may inspect and make copies of any document or extract from such document, obtained pursuant to a warrant.
