Frequently Asked Questions

Entry into Premises without Warrant

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1. Will CCCS give me notice before effecting entry into my premises without a warrant?

If entry into your premises is effected without a warrant, CCCS will generally give you written notice of the intended entry at least 2 working days in advance This will not apply where CCCS has taken all such steps as are reasonably practicable to give notice but has been unable to do so. CCCS is able to enter your premises without notice where CCCS has reasonable grounds for suspecting that your premises are, or have been, occupied by an undertaking which is under investigation.

2. Can I refuse entry?

No. If CCCS has complied with the relevant legal requirements under the Competition Act for entry, any refusal of entry may result in a criminal offence being committed under section 78 of the Competition Act.

3. Can CCCS conduct a search at my premises when effecting entry into my premises without a warrant?

CCCS will not conduct a search of any premises without a warrant. However, CCCS can ask for: 

  • production of any document which it considers relates to any matter relevant to the investigation, 
  • explanation of any document produced; and 
  • the whereabouts of any document if it is not produced.

Any failure to comply with the powers above may result in a criminal offence being committed under sections 75 to 78 of the Competition Act.