A registered trade mark is personal property.

Equities in respect of a registered trade mark may be enforced in the same way as equities in respect of any other personal property.

The owner of a registered trade mark has, in relation to all or any of the goods or services in respect of which the trade mark is registered, the rights and remedies provided by this Act and, in particular, has the exclusive right to—

For the purposes of subsection (1)(a), a member of a collective association that owns a collective trade mark that is registered in respect of goods or services—

Subject to section 100, the rights referred to in section 10—

An applicant may assign or transmit the applicant’s application (whether made before or after the commencement of this Act).

An application for registration of a trade mark is personal property.

Equities in respect of an application for registration of a trade mark may be enforced in the same way as equities in respect of any other personal property.

If all the requirements set out in subsection (2) are met, a trade mark is registrable under this Act in respect of the following:

The following requirements must be met:

A certification trade mark in respect of goods or services—

A collective trade mark may be registered in the name of a collective association, as owner, in respect of goods produced by its members, services provided by its members, or both.

The Commissioner must, if required by a person who proposes to apply for the registration of a trade mark, advise the person whether, in the Commissioner’s opinion, the trade mark has a distinctive character.

A person who is advised under subsection (1) that a trade mark has a distinctive character is entitled to be repaid any fee that the person paid on the filing of the application if,—

A person entitled to a refund under subsection (2) must withdraw the application before the payment of that refund.

The Commissioner must not register as a trade mark or part of a trade mark any matter—

The Commissioner must not register a trade mark if the application is made in bad faith.

Despite subsection (1)(b), the Commissioner may register a trade mark even if use of the trade mark is restricted or prohibited under the Smoke-free Environments Act 1990.

The Commissioner must not register—

The Commissioner must not refuse to register a trade mark under subsection (1)(b), (c), or (d) if, before the date of application for registration, as a result of either the use made of it or of any other circumstances, the trade mark has acquired a distinctive character.

In determining the distinctive character of a trade mark, the Commissioner or the court, as the case may be, must consider whether or not the trade mark is, or is to be, limited in whole or in part to 1 or more specified colours.

A trade mark that is, or is to be, registered without limitation of colour is, or will be, registered for all colours.

The Commissioner must not register a trade mark if—

This section does not apply if the Commissioner or the court, as the case may be, considers that a case of honest concurrent use exists that, in the opinion of the Commissioner or the court, makes it proper for the trade mark to be registered, subject to any conditions that the Commissioner or the court may impose.

The Commissioner must not register, in respect of a chemical substance or preparation, a trade mark that contains the commonly used and accepted name of any single chemical element or single chemical compound.

Subsection (1) does not apply to a word that is used to denote only a brand or make of the element or compound made by the owner or a licensee of the trade mark, together with a suitable name or description open to the public use.

The Commissioner may register a trade mark that contains the words “copyright”, “layout design”, “patent”, “patented”, “plant variety right”, “registered”, “registered design”, or “trade mark”, or any abbreviations of those words, or any similar words.

If a person applies for registration of a sign as a trade mark and the sign contains the name or representation of a person, the Commissioner may require the written consent of—

The Commissioner must not register a trade mark that contains a representation of Her Majesty or any member of the Royal Family, or an imitation of any such representation, unless the applicant has obtained the consent of Her Majesty or the relevant member of the Royal Family to the registration of the trade mark.

The Commissioner must not register a trade mark (trade mark A) in respect of any goods or services if—

Section 26 overrides subsection (1).

The Commissioner must register trade mark A if—

If a person applies for registration of a sign as a trade mark and the sign includes a representation of the flag, armorial bearing, insignia, orders of chivalry, or decorations of any entity, the Commissioner may require that the applicant obtain the written consent of the person who appears to the Commissioner to be entitled to consent to the registration and use of the sign as a trade mark.

Subsection (1) does not apply if section 28 or section 29 applies.

The Commissioner must not, without the authorisation of the competent authorities of the country concerned, register a trade mark that contains a representation of—

The Commissioner must not, without the authorisation of the international organisation concerned, register a trade mark that contains a representation of the armorial bearing, flag, or other emblem, or the abbreviation or name, of an international intergovernmental organisation of which 1 or more convention countries are members if the armorial bearing, flag, or other emblem, or the abbreviation or name, of the international organisation concerned is protected under the Paris Convention or the TRIPS Agreement.

Despite subsection (1), the Commissioner may register a trade mark if the Commissioner considers that the use of the armorial bearing, flag, or other emblem, or the abbreviation or name, of the international organisation concerned in the manner proposed—

For the purposes of sections 28 and 29, the State emblems (other than the national flag) of, or the official signs or hallmarks adopted by, a convention country, or the emblems, abbreviations, or names, of an international organisation, as the case may be, are protected under the Paris Convention or the TRIPS Agreement only if, or to the extent that,—

Goods and services must be classified, for the purpose of registration of a trade mark, according to the edition of the Nice Classification in effect at the time of application for registration of the trade mark.

Any question arising as to the class within which any goods or services fall must be determined by the Commissioner, whose decision is final.

A person claiming to be the owner of a trade mark or series of trade marks may, on payment of the prescribed fee (if any), apply in the prescribed manner (if any) for the registration of the trade mark or series of trade marks used or proposed to be used in respect of the following:

The Commissioner must not register a trade mark in respect of all of the goods and services included in a class, or a large variety of goods or services, unless the specification is justified by the use or intended use of the sign.

Two or more persons may make a joint application if either or any of those persons is entitled to use the trade mark only on behalf of both or all of them, or in relation to goods or services with which both or all of them are connected in the course of trade.

If different persons separately apply for the registration of trade marks that are identical or similar to each other and that are in respect of identical or similar goods or services, the first application received by the Commissioner has priority over all the other applications and may proceed.

If different persons separately apply for the registration of trade marks that are identical or similar to each other and that are in respect of identical or similar goods or services and their applications are received at the same time by the Commissioner,—

For the purposes of subsection (2), 2 or more applications that are received on the same day are to be treated as if they had been received at the same time.

Section 36 overrides this section.

The Commissioner must—

A person who has applied for the registration of a trade mark in a convention country (whether before or after it became a convention country), or his or her legal representative or assignee, is entitled to registration of his or her trade mark in priority to other applicants, and the registration has the same date as the date of the application in the convention country if the application is made within 6 months after the date of the convention country application.

Subsection (1) applies only in respect of the first application for the trade mark that is made in a convention country by a person and does not apply to any subsequent applications for the trade mark by that person.

The use of the trade mark in New Zealand during the 6-month period referred to in subsection (1) does not affect the priority of the application for the registration of the trade mark to which the convention country application relates.

An applicant may, at any time, withdraw an application or limit the specification.

An application may also be altered, at the request of the applicant, by correcting only—

The Commissioner or the court, as the case may be, may at any time (whether before or after acceptance) correct any error in connection with the application.

Section 37(2)(b) overrides subsection (1).

The Commissioner must examine an application in order to determine whether it complies with the requirements of this Act.

The Commissioner must, subject to any conditions the Commissioner thinks fit, accept an application that complies with the requirements of this Act.

If the Commissioner considers that an application does not comply with the requirements of this Act, the Commissioner must—

The Commissioner may revoke the acceptance of an application before the trade mark to which the application relates is registered if the Commissioner is satisfied that—

If the Commissioner revokes the acceptance of an application,—

The Commissioner must reject an application if, within the time specified by the Commissioner, the applicant does not satisfy the Commissioner that the applicant has complied with the requirements in this Act for registering a trade mark.

If, within the time specified by the Commissioner, the Commissioner does not receive a response from the applicant to a notification under section 41, the Commissioner must treat the application as abandoned.

The Commissioner must not treat an application as abandoned under subsection (1) if the application is awaiting the outcome of—

The Commissioner must, if required to do so by an applicant, state in writing the grounds for the Commissioner’s decision and the materials used in arriving at the decision.

The Commissioner must ensure that an application that has been accepted is advertised in the prescribed manner, if any.

A person may, within the prescribed time and in the prescribed manner, give the Commissioner written notice of opposition to an application.

The notice of opposition must include a statement of the grounds of opposition and any prescribed matters.

The Commissioner must send a copy of the notice to the applicant.

An applicant to whom a notice of opposition has been sent must, within the prescribed time, send to the Commissioner a counter-statement of the grounds on which the applicant relies for his or her application.

If an applicant does not send a counter-statement to the Commissioner within the prescribed time, the applicant is deemed to have abandoned the application.

If an applicant sends a counter-statement to the Commissioner, the Commissioner must send a copy of the counter-statement to every person who gave notice of opposition.

The Commissioner must—

Subject to subsection (2), the Commissioner must register a trade mark if the Commissioner has accepted the application for its registration and—

The Commissioner must not register a trade mark until 6 months after the date of application for registration.

On the registration of a trade mark, the Commissioner must—

On application in the prescribed manner and payment of any prescribed fees, the Commissioner may, without requiring the production of probate or letters of administration,—

Every qualified person who is registered under this section as the owner of a trade mark must hold it subject to all existing interests and equities affecting it.

Nothing in section 70 or section 73 of the Administration Act 1969 limits this section.

The Commissioner may issue a further certificate of registration if—

Before the Commissioner makes a decision on an application for the registration of a certification trade mark, the applicant must provide the Commissioner with draft regulations that govern the use of the certification trade mark for the Commissioner’s approval.

When the Commissioner or the court deals with an application for the registration of a certification trade mark, the Commissioner or the court, as the case may be, must consider—

For the purposes of subsection (1)(d), regulations—

After the Commissioner has approved the draft regulations, the approved regulations that govern the use of the registered certification trade mark must be deposited at the Intellectual Property Office of New Zealand for inspection.

The duration of the registration of a trade mark under this Act is effective for a period of 10 years commencing on the deemed date of registration unless the trade mark ceases to be registered before the expiration of that period.

This section does not apply to a trade mark first registered under the Trade Marks Act 1953.

The registration of a trade mark may be renewed in accordance with section 59 for further periods of 10 years.

The Commissioner must, on an application made by the owner of a registered trade mark in the prescribed manner and within the prescribed time, renew the registration of the trade mark from the date that the registration expires.

Before the registration of a trade mark expires and if an owner has not made an application under subsection (1), the Commissioner must, in the prescribed manner, send to the owner a notice of the—

The Commissioner must remove the trade mark from the register, subject to any conditions specified by the Commissioner as to the trade mark’s restoration to the register, if, at the expiration of the period of 10 years,—

A trade mark that has been removed from the register for non-payment of the renewal fee must be taken into account for a period of 1 year after the date of expiry of the registered trade mark when determining the registrability of a later application.

Subsection (1) does not apply if the Commissioner is satisfied either that—

A geographical indication that has been removed from the register for non-payment of the renewal fee must be taken into account for a period of 1 year after the date of expiry of the registered geographical indication when determining the registrability of a later trade mark application.

Subsection (1) does not apply if the Commissioner is satisfied that, in the case of a foreign geographical indication,—

The registration of a trade mark may be cancelled by the owner in relation to all or any of the goods or services in respect of which it is registered.

The Commissioner or the court, as the case may be, may, on the application of an aggrieved person or on the Commissioner’s own motion, make an order that cancels or alters the registration of a trade mark on the ground of failure to comply with a condition entered on the register in relation to the trade mark.

The Commissioner may, on the application of an aggrieved person or on the Commissioner’s own motion, require that any entry in the register that relates to a certification trade mark be cancelled or altered, or that the deposited regulations be altered, on any of the following grounds:

The Commissioner may, on the application of an aggrieved person or on the Commissioner’s own motion, require an entry in the register that relates to a collective trade mark to be cancelled or altered on any of the following grounds:

An aggrieved person may apply to the Commissioner or the court for the revocation of the registration of a trade mark.

The Commissioner or the court may refuse any application for the revocation of the registration of a trade mark that is vexatious.

The registration of a trade mark may be revoked on any of the following grounds:

For the purposes of subsection (1)(a), continuous period means a period that commences from a date after the actual date of registration and continues uninterrupted up to the date 1 month before the application for revocation.

However, despite subsection (1), a trade mark may not be revoked for its non-use if its non-use is due to special circumstances that are outside the control of the owner of the trade mark.

The registration of a trade mark must not be revoked on the ground in subsection (1)(a) if that use is commenced or resumed after the expiry of the 3-year period and before the application for revocation is made.

Any commencement or resumption of use referred to in subsection (3) after the expiry of the 3-year period but within the period of 1 month before the making of the application for revocation must be disregarded unless preparation for the commencement or resumption began before the owner became aware that the application may be made.

If an owner or a licensee intends to oppose an application for the revocation of the registration of a trade mark under section 66(1)(a), the owner or the licensee must, within the period specified by the Commissioner or the court,—

If grounds for revocation exist in respect of only some of the goods or services in respect of which the trade mark is registered, revocation relates only to those goods or services.

If the registration of a trade mark is revoked to any extent, the rights of the owner, to that extent, cease on—

The owner of a trade mark may disclaim any right to the exclusive use of any part of the trade mark.

If the grounds specified in section 66(1)(c) or (d) exist, the Commissioner or the court may, as a condition of the registration of a trade mark not being revoked, require the owner of the trade mark to disclaim any right to the exclusive use of a word or words in relation to any goods or services.

If, in determining whether a trade mark is to be registered or is to remain on the register, the Commissioner or the court considers that there are public interest reasons for doing so, the Commissioner or the court may require, as a condition of its being on the register, that the owner—

A disclaimer on the register affects only those rights of the owner of a trade mark that arise out of the registration of the trade mark in respect of which the disclaimer is made.

The Commissioner or the court may, on the application of an aggrieved person (which includes a person who is culturally aggrieved), declare that the registration of a trade mark is invalid to the extent that the trade mark was not registrable under Part 2 at the deemed date of its registration.

Despite subsection (1), the registration of a trade mark that has acquired a distinctive character after its registration must not be declared invalid even though the trade mark was not registrable under section 18(1)(b), (c), or (d) at the deemed date of its registration.

The Commissioner or the court, as the case may be, may refuse any application for a declaration of invalidity that is vexatious.

If the registration of a trade mark is declared invalid to any extent,—

The validity of any transaction that occurred in respect of a registered trade mark before the registration of the trade mark was declared invalid is not affected.

The registration of a trade mark is, after the expiration of 7 years from the deemed date of registration, deemed to be valid unless—

A person who has an interest may apply for the rectification of an error or omission in the register.

An application for rectification of the register may be made either to the Commissioner or to the court.

An application for rectification of the register may not be made in respect of a matter that affects the validity of the registration of a trade mark.

The effect of the rectification of the register is that the error or omission concerned is to be treated as if it had never existed unless the Commissioner or the court directs otherwise.

The owner of a registered trade mark may not alter the registered trade mark after its actual date of registration.

After the actual date of registration of a trade mark, the Commissioner may,—

This section applies if information in the register relating to a person is inconsistent with primary business data of that person in the New Zealand Business Number Register.

If this section applies, the Commissioner may, in the prescribed manner (if any), alter the information in the register so that it is consistent with the primary business data in the New Zealand Business Number Register.

In this section, primary business data has the same meaning as in section 20(2) of the New Zealand Business Number Act 2016.

The Commissioner may, on the application of the owner of a registered certification trade mark, alter the regulations that govern the use of the certification trade mark.

The owner of a registered certification trade mark who has applied under subsection (1) must provide the Commissioner with a draft of the altered regulations for the Commissioner’s approval.

The Commissioner must ensure that an application for an alteration of the regulations that relate to a registered certification trade mark is advertised in the prescribed manner, if any.

The Commissioner must not, without giving the parties an opportunity to be heard, decide the application if, within the specified time, any person notifies the Commissioner that the person opposes the alteration of the regulations.

A trade mark is assignable and transmittable in respect of all or some of the goods or services for which it is registered.

If title to a trade mark is assigned or transmitted after the date the trade mark is registered, either of the following persons may apply to the Commissioner to register the new owner’s title:

On proof of the new owner’s title, the Commissioner—

If title to a trade mark is assigned or transmitted before the actual date of registration, either of the following persons may apply to the Commissioner to change the name of the applicant on the application:

On proof of the new owner’s title, the Commissioner must—

Nothing in this Act prevents a licensee from assigning or transmitting the right to use a trade mark.

Nothing in this Act affects—

A person infringes a registered trade mark if the person does not have the right to use the registered trade mark and uses in the course of trade a sign—

Subsection (1) applies only if the sign is used in such a manner as to render the use of the sign as likely to be taken as being use as a trade mark.

Sections 92 to 98 override this section.

A registered trade mark is infringed if—

The acts referred to in subsection (1) are—

In an action for infringement of a trade mark, it is not a defence that the infringement arose from the use of the name under which a company has been registered.

A registered trade mark is not infringed by the use of a trade mark in any way or in any circumstances to which, having regard to any conditions entered on the register in relation to the trade mark, the registration does not extend.

A registered trade mark is not infringed by the use of another registered trade mark in relation to any goods or services for which that other trade mark is registered.

A registered trade mark is not infringed by the use of the registered trade mark for the purposes of comparative advertising, but any such use otherwise than in accordance with honest practices in industrial or commercial matters must be treated as infringing the registered trade mark if the use, without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

A person does not infringe a registered trade mark if, in accordance with honest practices in industrial or commercial matters, the person uses—

A registered trade mark (trade mark A) is not infringed by the use of an unregistered trade mark (trade mark B) if—

Nothing in this Act entitles the owner of a registered trade mark to—

A trade mark registered in respect of goods is not infringed by its use in relation to identical or similar goods connected in the course of trade with the owner or licensee if, as to those goods or a bulk of which they form part,—

A registered trade mark is not infringed by the use of the trade mark (including use for the purpose of advertising) in relation to goods that have been put on the market anywhere in the world under that trade mark under any 1 or more of the following circumstances:

For the purposes of subsection (1)(c), a person is an associated person of the owner if—

For the purposes of subsection (2),—

For the purposes of section 97(a), the owner or licensee is deemed to have consented to the use of a trade mark if a person with whom the owner or licensee has an arrangement that relates to the use of the trade mark by the owner or licensee has consented to its use (whether or not that consent is subject to any conditions).

Subsection (1) applies only to the use of a trade mark in relation to a medicine that is imported by the Crown under section 32A of the Medicines Act 1981.

A registered trade mark is not infringed by the lawful use of a registered geographical indication registered under the Geographical Indications (Wine and Spirits) Registration Act 2006.

No person may bring proceedings to prevent, or to recover damages for, the infringement of an unregistered trade mark.

The owner of a registered trade mark may bring proceedings for infringement of the registered trade mark if,—

The owner of a registered trade mark, or, in the case of a collective trade mark, 1 or more members of a collective association acting on its behalf, may apply to the court for relief if the trade mark is infringed.

Subject to agreement between the parties, a licensee of a registered trade mark may request the owner of the registered trade mark to take proceedings to prevent infringement of the registered trade mark.

If the owner of a registered trade mark refuses or neglects to bring proceedings within 2 months after the licensee requested the owner to bring the proceedings, the licensee may commence proceedings for infringement in the licensee’s own name as if the licensee were the owner.

If the licensee commences proceedings under section 103,—

If a person brings proceedings alleging an infringement of a registered trade mark, the court may, on the application of any person against whom the proceedings are brought,—

The court must not grant relief under this section if the person who brings the proceedings proves that the acts in respect of which proceedings are brought constituted, or would have constituted if they had been done, an infringement of the trade mark concerned.

Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client.

If an application is made to the court for relief, the relief that the court may grant includes—

In claiming damages for infringement of a collective trade mark, the collective association that owns the collective trade mark (or the member or members taking action on behalf of that collective association) may take into account any damage or loss of profits sustained or incurred by any members as a result of the infringement.

If a person has infringed the exclusive right to use a registered trade mark, the court may make an order that requires the person—

If an order under subsection (1) is not complied with, or it appears to the court likely that the order would not be complied with, the court may order that the infringing goods, infringing material, or infringing object be delivered to any person whom the court may direct—

The court may order any infringing goods, infringing material, or infringing object in the possession of any person or before the court to be delivered up to the owner of the registered trade mark or any other person that the court thinks fit.

No order may be made under this section unless—

A person to whom any infringing goods, infringing material, or infringing object is delivered up under an order made under this section must, if an order under section 110 is not made, retain them pending—

Nothing in this section affects any other power of the court.

An application may be made to the court for an order that the infringing goods, infringing material, or infringing object delivered up under an order made under section 109 must be—

In considering what order, if any, should be made under section 110, the court must consider—

The court must issue directions for the service of notice on every person who has an interest in the infringing goods, infringing material, or infringing object to which an application under section 110 relates.

Every person who has an interest in the infringing goods, infringing material, or infringing object to which an application under section 110 relates is entitled to—

An order made under section 110 takes effect either—

If more than 1 person is interested in the infringing goods, infringing material, or infringing object to which an application under section 110 relates, the court may—

If the court decides that no order should be made under section 110, the person in whose possession, custody, or control the infringing goods, infringing material, or infringing objects were before being delivered up is entitled to their return.

No proceeding may be commenced for any offence against any of sections 120 to 124 that was committed before the actual date of registration of the trade mark concerned.

If a person is convicted of an offence against any of sections 120 to 124 in circumstances where that offence involves the making of profit or gain,—

If a body corporate is convicted of an offence against any of sections 120 to 124, every director and every person concerned in the management of the body corporate is guilty of the offence if it is proved—

Every person commits an offence who, with the intention of obtaining a gain for himself or herself or any other person or of causing loss to any person, counterfeits a registered trade mark.

For the purposes of subsection (1), a person counterfeits a registered trade mark if, without the consent of the owner of the registered trade mark, the person knowingly—

Every person commits an offence who falsely applies a registered trade mark to goods or services.

For the purposes of this section and section 124, a person falsely applies a registered trade mark to goods or services if,—

For the purposes of this section and section 124, a trade mark is applied to goods or services if—

For the purposes of this section and section 124, a sign is applied to goods or services if the sign—

For the purposes of subsection (4)(b),—

Every person commits an offence who makes an object specifically designed or adapted for making copies of a registered trade mark or a sign that is likely to be mistaken for a trade mark with intent that the object be used for, or in the course of, committing an offence against section 120 or section 121.

Every person commits an offence who, without lawful authority or excuse,—

Every person commits an offence who—

Every person who is convicted of an offence against—

The court before which proceedings are brought against a person for an offence against any of sections 122 to 124 may order that goods or an object be delivered up to the owner of the registered trade mark or to any other person that the court may direct if it is satisfied that, at the time of the defendant’s arrest or charge,—

An order may—

A person to whom goods or an object is delivered up under an order made under section 126 must retain the goods or object pending the making of an order or the decision not to make an order under section 128.

An application may be made to the court for an order that the goods or object delivered up under an order made under section 126 must be—

In considering what order, if any, should be made under section 128, the court must consider—

The court must issue directions for the service of notice on every person who has an interest in the goods or other object to which an application under section 128 relates.

Every person who has an interest in the goods or other object to which an application under section 128 relates is entitled to—

An order made under section 128 takes effect either—

If more than 1 person is interested in the goods or other object to which an application under section 128 relates, the court may—

If the court decides that no order should be made under section 128, the person in whose possession, custody, or control the goods or other object was before being delivered up is entitled to its return.

The chief executive may appoint enforcement officers, on a permanent or temporary basis, to perform the functions set out in section 134C and exercise the powers conferred on an enforcement officer by this Act.

The chief executive must issue a warrant of appointment to every person appointed as an enforcement officer.

A warrant of appointment must—

A warrant of appointment is, in the absence of evidence to the contrary, sufficient proof that the holder of the warrant may exercise the powers conferred on an enforcement officer.

A person who ceases to be an enforcement officer must return the person’s warrant of appointment.

A person who fails to comply with subsection (4) commits an offence and is liable on conviction to a fine not exceeding $1,000.

An enforcement officer must, to the extent that is reasonably practicable, promote compliance with this Act by carrying out the following functions:

For the purpose of carrying out his or her functions, an enforcement officer may enter and examine any place (place A) where goods are being offered for sale, exposed for sale, or publicly displayed if—

In subsection (1),—

For the purposes of this section, any person who appears to be under 14 years of age may not be treated as the occupier.

The power of entry and examination conferred by section 134D authorises an enforcement officer to do any of the following:

A person who assists an enforcement officer exercising the power of entry and examination may, under the direction of the enforcement officer,—

If an enforcement officer enters and examines a place under section 134D(1)(c) and the occupier revokes his or her consent, the officer and any person assisting the enforcement officer must immediately stop the examination and leave the place.

Subsection (3) is subject to subsection (5).

The enforcement officer may, before leaving the place, seize any thing already identified by him or her before the revocation of consent as a thing that he or she has reasonable grounds to believe is evidence of, or of significant relevance to the investigation of, an offence under this Act.

If a constable assists an enforcement officer, nothing in this section prevents that constable from exercising any power ordinarily exercisable by him or her.

Sections 134P to 134S contain further provisions that apply to an enforcement officer’s power of entry and examination.

An enforcement officer or a constable may apply for a search warrant to search a place or thing.

Any District Court Judge, Justice of the Peace, Community Magistrate, or any Registrar of the District Court (not being a constable) (the issuing officer) may, on an application by an enforcement officer or a constable, issue a search warrant to search a place or thing if the issuing officer is satisfied that there are reasonable grounds for believing that—

Sections 134G to 134S apply in respect of every search warrant applied for and issued under this section.

An application for a search warrant must contain, in reasonable detail, the following particulars:

The issuing officer may require the applicant to supply further information concerning the grounds on which the search warrant is sought.

The applicant must disclose in the application—

The applicant must, before making an application for a search warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).

The issuing officer may authorise the search warrant to be executed on more than 1 occasion during the period in which the warrant is in force if he or she is satisfied that this is required for the purposes for which the warrant is being issued.

Unless subsection (3) applies, an application for a search warrant—

The applicant must appear in person before the issuing officer, unless subsection (3) applies.

An issuing officer may allow an application for a search warrant to be made verbally (for example, by telephone call) and excuse the applicant from making a personal appearance if the issuing officer is satisfied that—

An issuing officer who allows an application for a search warrant to be made verbally must record the grounds for the application as soon as practicable.

Every search warrant issued must be in the prescribed form.

Every search warrant issued must be directed generally to every enforcement officer and every constable.

A search warrant—

Every search warrant must contain, in reasonable detail, the following particulars:

If it is not possible for the person charged with executing the warrant to have it in his or her possession at the time of execution, 1 of the following documents (which is deemed for all purposes to constitute the warrant) may be executed: