Section 173 — Health and Safety at Work Act 2015: Power of regulator to authorise making of applications for search warrants

173 Power of regulator to authorise making of applications for search warrants (1) A regulator may authorise a specified person to enter and search a place, vehicle, or other thing for the purpose of ascertaining whether a person has engaged in or is engaging in conduct that contravenes or may contravene relevant health and safety legislation if the regulator is satisfied that there are reasonable grounds— (a) to suspect that person has engaged in or is engaging in conduct that constitutes or may constitute such a contravention; and (b) to believe that the search will find evidential material in or on any part of the place, vehicle, or thing. (2) A specified person authorised under subsection (1) may enter and search the place, vehicle, or other thing if— (a) the occupier of the place, or the person in charge of the vehicle or thing, (as the case may be) consents; or (b) the specified person obtains a warrant under subsection (3). (3) An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3 of Part 4 of the Search and Surveillance Act 2012 by a specified person authorised under subsection (1), if the issuing officer is satisfied that there are reasonable grounds— (a) to suspect that a person has engaged in or is engaging in conduct that contravenes or may contravene any provision of relevant health and safety legislation; and (b) to believe that the search will find evidential material in or on any part of the place, vehicle, or thing. (4) In this section, specified person means— (a) an inspector; or (b) an employee of the regulator; or (c) any other person who, the regulator is satisfied,— (i) is suitably qualified and trained: (ii) belongs to a class of persons who are suitably qualified and trained to act under this section. (5) Despite subsection (4), a constable may apply for a warrant to be issued under subsection (3) without an authorisation from a regulator under subsection (1). (6) The provisions of subpart 2 of Part 3 and Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119 ) apply, with any necessary modifications. Compare: Model Work Health and Safety Act (Aust) s 167