Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, upon any land or upon or in any premises, structure, vessel, aircraft or vehicle, a thing or things of a particular kind that is or are forfeited or connected with a particular offence against this Act, and the information sets out those grounds, the Magistrate may issue a search warrant authorising an inspector named in the warrant, with such assistance as he or she thinks necessary and if necessary by force:
(a) to enter upon the land or upon or into the premises, structure, vessel, aircraft or vehicle;
(b) to search the land, premises, structure, vessel, aircraft or vehicle for things of that kind; and
(c) to seize any thing of that kind found there that he or she believes on reasonable grounds to be forfeited or connected with that offence.
(2) A Magistrate shall not issue a warrant under subsection (1) 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.
(3) There shall be stated in a warrant issued under this section:
(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the forfeited thing or things, or the offence, in relation to which the entry and search are authorised;
(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;
(c) a description of the kind of things authorised to be seized; and
(d) a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect.
(4) If, in the course of searching, in accordance with a warrant issued under this section, for things that are forfeited or connected with a particular offence, being things of a kind specified in the warrant, an inspector finds any thing that he or she believes on reasonable grounds to be forfeited or connected with the offence, although not of a kind specified in the warrant, or to be connected with another offence against this Act, and he or she believes on reasonable grounds that there is a compelling need for the immediate seizure of the thing in order to prevent its exportation, importation, concealment, loss or destruction, or its use in committing, continuing or repeating the offence or in committing the other offence, the inspector may seize that thing.
(5) For the purposes of this section, a thing is connected with a particular offence if it is:
(a) a thing in respect of which the offence was committed;
(b) a thing that will afford evidence of the offence; or
(c) a thing that was used, or is intended to be used, for the purpose of the offence.
(6) A reference in this section to an offence includes a reference to an offence that there are reasonable grounds for believing has been, or will be, committed.