Entry With or Without Warrant

CCCS 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 CCCS 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, CCCS will give 2 working days notice prior to entry. 

Entry with a Warrant (section 65 Search Warrant)

CCCS may apply to Court for a search warrant for officers authorised by CCCS 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 CCCS will take reasonable steps to contact the occupier to inform them of the intended entry and CCCS may use such force as is reasonable to gain entry into the premises.  In the event, CCCS 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 CCCS departs.

CCCS 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, CCCS 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, CCCS 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 CCCS.  If digital devices are seized, CCCS will endeavour to return the seized devices within a reasonable time.  You may also make confidentiality claims.