Part 5Powers in relation to civil defence emergency management
78Power of entry to obtain information in urgent cases
This section applies if a state of emergency is in force or the Director, a Controller, or a person authorised by a Civil Defence Emergency Management Group considers that an imminent threat of an emergency exists.
If this section applies, a District Court Judge may, by warrant, authorise any constable to enter and search any premises, not being a dwellinghouse, to obtain information if satisfied on oath by the Director, a Controller, or a person authorised by a Civil Defence Emergency Management Group that—
- the information is urgently required in order to prevent or limit the extent of the emergency; and
- the person in possession of the information has refused to provide the information.
A warrant may be issued under this section—
- even if a requirement to give the information referred to in subsection (2) has been imposed at an earlier time under section 76; and
- whether or not appeal proceedings or the prosecution of an offence in respect of that requirement have been completed.