Competition Act · 2022 Revised Edition · Chapter 6
37. Power to enter premises without warrant
Official textFrom Attorney General's Chambers, unchanged
In connection with an investigation under section 35, any authorised officer and such other person as the Commission has authorised to accompany the authorised officer (authorised person) may enter any premises.
authorised officer
“authorised officer” means an authorised officer appointed under section 7;
No authorised officer and no authorised person or person required by the authorised officer respectively, shall enter any premises in the exercise of the powers under this section unless the authorised officer has given the occupier of the premises a written notice which —
gives at least 2 working days’ notice of the intended entry;
indicates the subject matter and purpose of the investigation;
and
indicates the nature of the offences created by Part 4.
Subsection (2) does not apply —
if the authorised officer has reasonable grounds for suspecting that the premises are, or have been, occupied by an undertaking which is being investigated in relation to —
an agreement referred to in section 11;
conduct referred to in section 21; or
an anticipated merger, or a merger referred to in section 23; or
if the authorised officer has taken all such steps as are reasonably practicable to give notice but has not been able to do so.
Competition
Where subsection (3) applies, the power of entry conferred by subsection (1) shall be exercised —
in the case of an any authorised person, upon production of —
evidence of the authorisation of every authorised person accompanying him; and
a document containing the information referred to in subsection (2)(b) and (c); and
in the case of an authorised officer and any person required by him, upon production of —
evidence of his appointment; and
a document containing the information referred to in subsection (2)(b) and (c).
An authorised person, an authorised officer or a person required by the authorised officer entering any premises under this section may —
take with him such equipment as appears to him to be necessary;
require any person on the premises —
to produce any document which he considers relates to any matter relevant to the investigation; and
if the document is produced, to provide an explanation of it;
require any person to state, to the best of his knowledge and belief, where any such document is to be found;
take copies of, or extracts from, any document which is produced;
require any information which is stored in any electronic form and is accessible from the premises and which he considers relates to any matter relevant to the investigation, to be produced in a form —
Competition 44
in which it can be taken away; and
in which it is visible and legible; and
take any step which appears to be necessary for the purpose of preserving or preventing interference with any document which he considers relates to any matter relevant to the investigation.
Terms defined in s 2
agreement
Defined · s 2“agreement” includes any agreement, arrangement, understanding, undertaking or promise, whether expressed or implied, written or oral;
anticipated merger
Defined · s 2“anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 23(2);
authorised officer
Defined · s 2“authorised officer” means an authorised officer appointed under section 7;
document
Defined · s 2“document” has the same meaning as in section 2 of the Evidence Act and includes information recorded in any form;
undertaking
Defined · s 2“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.
Part
Offences
Part
Competition Appeal Tribunal
Part