Commonwealth Consolidated Acts

MOTOR VEHICLE STANDARDS ACT 1989 - SECT 30

             (1)  Where an inspector has reasonable grounds for suspecting that there is, or may be within the next 72 hours, on any premises a particular thing that may afford evidence as to the commission of an offence against this Act, the inspector may:

                     (a)  with the consent of the occupier of the land or premises; or

                     (b)  under a warrant issued under subsection (2);

enter the premises, and:

                     (c)  search the premises for the thing; and

                     (d)  if the inspector finds the thing on the premises--seize the thing.

             (2)  Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be on any premises a particular thing that may afford evidence as to the commission of an offence against this Act and the information sets out those grounds, the Magistrate may issue a search warrant in accordance with the form prescribed for the purposes of this subsection authorising an inspector named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to enter the premises and exercise the powers referred to in paragraphs (1)(c) and (d) in respect of the thing.

             (3)  A Magistrate must not issue a warrant under subsection (2) unless:

                     (a)  the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

                     (b)  the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

             (4)  A warrant issued under subsection (2) must state:

                     (a)  the purpose for which the warrant is issued, and the nature of the offence in relation to which the entry and search are authorised; and

                     (b)  whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

                     (c)  a description of the kind of documents, substances, equipment or things to be seized; and

                     (d)  a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.

             (5)  If, in the course of searching, under a warrant issued under this section, for a particular thing in relation to a particular offence, an inspector finds a thing that the inspector believes, on reasonable grounds, to be:

                     (a)  a thing that will afford evidence as to the commission of the offence, although not the thing specified in the warrant; or

                     (b)  a thing that will afford evidence as to the commission of another offence under this Act or the regulations;

and the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is to be taken to authorise the inspector to seize that thing.

             (6)  Where an inspector seizes any thing under subsection (1) or (5), the inspector may retain the thing until the expiration of a period of 60 days after the seizure or, if proceedings for an offence against this Act in respect of which the thing may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are completed.

             (7)  The Minister may authorise any thing seized under subsection (1) or (5) to be released to the owner, or to the person from whom the thing was seized, either unconditionally or on such conditions as the Minister thinks fit.