What are the proposed search and seizure powers of the ACCC?
Under the proposed amendments, the ACCC will be required to obtain either the voluntary consent of the occupier, or a warrant from a magistrate, before entering and searching any premises. In that respect the amendments will restrict the power of the ACCC because it will be required to obtain a warrant in order to enter premises without the occupier’s consent. However, under the new regime the ACCC is given greater powers once a warrant has been granted. The amendments extend the ACCC’s power to include not only searching for and copying documents, but also seizing evidentiary material. Entry with voluntary consent The new section provides that inspectors and their assistants may enter the property if they have reasonable grounds for suspecting that there is evidential material on the premises and they obtain the voluntary consent of the occupier. The occupier must be informed that consent may be withheld. Once on the premises, inspectors must once again ask for consent before seizing
