| (6) |
A magistrate may, if satisfied
by information upon oath by the Commissioner or any
prescribed officer that there are reasonable grounds
for believing that the purposes of any investigation
may be substantially prejudiced if the Commissioner
were required to comply with subsection (3) before exercising
his power under subsection (2) in respect of any premises,
issue a warrant-
| (a)
|
in the form specified in Part 1 of Schedule 6;
and
|
| |
|
| (b) |
in respect of those premises.
|
|
| |
|
| (7) |
A magistrate may, if satisfied by information upon
oath by the Commissioner or any prescribed officer that
there are reasonable grounds for believing that the
purposes of an investigation may be substantially prejudiced
if the Commissioner is prevented by the operation of
subsection (4) from exercising his power under subsection
(2) in respect of any domestic premises, issue a warrant-
| (a)
|
in the form specified in Part 2 of Schedule 6;
and
|
| |
|
| (b) |
authorizing the Commissioner to exercise that
power in respect of those premises.
|
|
| |
|
| (8) |
The Commissioner shall not exercise his power under
subsection (1) or (2) in respect of any premises in
such a way as to unduly disrupt any operations being
carried out in the premises, whether by the relevant
data user or any other person.
|
| |
|
| (9) |
Where the Commissioner
exercises his power under subsection (1) or (2), the relevant
data user shall, without charge, afford the Commissioner
such facilities and assistance as the Commissioner may
reasonably require for the purposes of the inspection
or investigation concerned. |
| |
|
| (10) |
Where the Commissioner,
pursuant to a warrant issued under subsection (6), exercises
his power under subsection (2) in respect of the premises
specified in the warrant, he shall produce the warrant
for inspection by any person found in those premises who
questions his authority to exercise that power in respect
of those premises. |
| |
|
| (11) |
In this section and Schedule 6
"domestic premises" means any premises which are constructed
or intended to be used for habitation;
"non-domestic premises" means any premises other than
domestic premises;
"premises" means-
| (a)
|
any building where no part of the building is
separately occupied, and includes any land appertaining
to the building;
|
| |
|
| (b) |
in any other case, any part of a building which
is separately occupied, and includes any land
appertaining to such part.
|
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