(1) A magistrate may issue a search warrant under this section where the magistrate is satisfied on information on oath or affirmation given on behalf of the Commission that there are reasonable grounds for believing that the conditions specified m subsection (2) have been satisfied.

(2) The conditions referred to in subsection (1) are

(a) that a person has failed to comply with a notice of the Commission Issued under section 168(1) within the time period specified in the notice and that on the premises specified in the warrant

(i) there are documents that have been required to be produced, or

(ii) there is information that has been required to be provided

(b) that a notice could be issued by the Commission under section 168 (1) against a person, and

(i) there are documents, or there is information, on the premises specified in the warrant in respect of which a notice under section 168 (1) could be issued, and

(ii) if a notice under section 168 (1) was to be issued, it would not be complied with or the documents or information to which the notice related would be removed, tampered with or destroyed, or

(c) that

(i) a relevant offence has been, or is being, committed by a person, and

(ii) there are documents, or there is information, on the premises specified in the warrant that evidence the commission of the offence, and

(iii) if a notice under section 168 (1) was to be issued, it would not be complied with or the documents or information to which the notice related would be removed, tampered with or destroyed.

(3) Awarrantissuedunderthissectionshallauthoriseanamedrepresentativeof the Commission, together with a police officer and any other person named in the warrant,

(a) to enter the premises specified in the warrant at any time within seven days from the date of the warrant,

(b) to search the premises and take possession of a documents or information appearing to be documents or information of a type in respect of which the warrant was issued or to take, in relation to such documents or information, any other steps which appear to be necessary for preserving or preventing interference with them,

(c) to take copies of, or extracts from documents or information appearing to be documents or information of a type in respect of which the warrant was issued,

(d) to require a person on the premises to provide an explanation of a document or information appearing to be a document or information of a type in respect of which the warrant was issued or to state where such documents or information may be found; and

(e) to use the force that may be reasonably necessary.

(4) Unless a Court, on the application of the Commission, otherwise orders, a document of which possession is taken under this section may be retained

(a) for a period of three months, or

(b) if within that period, proceedings for a criminal offence to which the document is relevant, are commenced against any person, until the conclusion of those proceedings.

(5) In this section, "premises" includes a vehicle, vessel or aircraft.