Commonwealth Consolidated Acts

ROAD TRANSPORT REFORM (DANGEROUS GOODS) ACT 1995 - SECT 24

             (1)  If an authorised officer believes on reasonable grounds that there is, or there will be within the next 72 hours, evidence of an offence at a residence, at unattended premises or at an unattended vehicle or equipment, the authorised officer may apply to a Magistrate for a warrant authorising him or her to enter the premises, vehicle or equipment and seize the evidence.

             (2)  The application must be made by information on oath, and must include:

                     (a)  the purpose for which the warrant is to be issued and the nature of the offence the authorised officer suspects has been or is likely to be committed; and

                     (b)  a description of the residence, premises, vehicle or equipment; and

                     (c)  the type of evidence to be searched for and seized; and

                     (d)  whether consent to enter the residence, premises, vehicle or equipment has been sought, and whether:

                              (i)  consent has been refused or withdrawn; or

                             (ii)  consent has been unable to be obtained after reasonable efforts have been made to obtain it; and

                     (e)  if the officer assumes that consent will not be given if it is sought--the grounds on which that assumption was made; and

                      (f)  whether the powers authorised by the warrant will need to be exercised at any time of the day or night or between specified hours; and

                     (g)  the period for which the authorised officer believes the warrant needs to remain in force.

             (3)  The Magistrate must not issue a warrant unless he or she is satisfied that there are reasonable grounds for doing so.

             (4)  If the Magistrate decides to issue a warrant, the Magistrate must state in the warrant:

                     (a)  the name of the authorised officer to whom it is directed; and

                     (b)  the purpose for which the warrant is issued and the nature of the offence the authorised officer suspects has been, is being or will be committed; and

                     (c)  a description of the residence, premises, vehicle or equipment; and

                     (d)  the type of evidence to be searched for and seized; and

                     (e)  whether the powers authorised by the warrant may be exercised at any time of the day or night or between specified hours; and

                      (f)  the period for which the warrant is to remain in force (not exceeding 7 days).