64.—F106[(1) A member of the Garda Síochána may apply to a judge of the District Court for a warrant under this section in relation to specified premises for the purposes of an investigation into any of the following matters:

(a) drug trafficking;

(b) the commission of an offence of financing terrorism;

(c) the commission of an offence under section 31 of this Act;

(d) whether a person has benefited from drug trafficking;

(e) whether a person holds funds subject to confiscation;

(f) whether a person has benefited from F107[an offence in respect of which a confiscation order might be made under section 8F or 9] of this Act.]

(2) On an application being made under subsection (1) of this section, the judge may issue a warrant authorising a specified member of the Garda Síochána, accompanied by such other F108[persons] as the member thinks necessary, to enter, by force if necessary, and search the premises if he is satisfied—

(a) that an order made under section 63 of this Act in relation to material on the premises has not been complied with, or

(b) that the conditions in subsection (3) of this section are fulfilled, or

(c) that the conditions in subsection (4) of this section are fulfilled.

(3) The conditions referred to in subsection (2) (b) of this section are—

F106[(a) that there are reasonable grounds for suspecting that a specified person—

(i) has carried on drug trafficking,

(ii) has committed an offence of financing terrorism,

(iii) has committed an offence under section 31 of this Act,

(iv) has benefited from drug trafficking,

(v) holds funds subject to confiscation, or

(vi) has benefited from F107[an offence in respect of which a confiscation order might be made under section 8F or 9], and]

(b) that the conditions in section 63 (4) (b) and (c) of this Act are fulfilled in relation to any material on the premises, and

(c) that it would not be appropriate to make an order under that section in relation to the material because—

(i) it is not practicable to communicate with any person entitled to produce the material, or

(ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated, or

(iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless a member of the Garda Síochána could secure immediate access to the material.

(4) The conditions referred to in subsection (2) (c) of this section are—

F106[(a) that there are reasonable grounds for suspecting that a specified person—

(i) has carried on drug trafficking,

(ii) has committed an offence of financing terrorism,

(iii) has committed an offence under section 31 of this Act,

(iv) has benefited from drug trafficking,

(v) holds funds subject to confiscation, or

(vi) has benefited from F107[an offence in respect of which a confiscation order might be made under section 8F or 9], and

(b) that there are reasonable grounds for suspecting that there is on the premises material that—

(i) relates to the specified person or to—

(I) drug trafficking,

(II) an offence of financing terrorism,

(III) an offence under section 31 of this Act, or

(IV) F107[an offence in respect of which a confiscation order might be made under section 8F or 9] of this Act,

and

(ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, and

(iii) cannot be particularised at the time of the application, and]

(c) that—

(i) it is not practicable to communicate with any person entitled to grant entry to the premises, or

(ii) entry to the premises will not be granted unless a warrant is produced, or

(iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless a member of the Garda Síochána arriving at the premises could secure immediate entry to them.

(5) Where a member of the Garda Síochána has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.