Commonwealth Consolidated Acts

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Offence and civil penalty provision related warrants

             (1)  An authorised person may apply to a magistrate for a warrant under this section in relation to premises.

             (2)  Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in or on the premises evidential material in respect of an offence against this Act, in respect of a contravention of a civil penalty provision or in respect of both.

             (3)  The magistrate must not issue the warrant unless the authorised person 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.

             (4)  The warrant must:

                     (a)  name one or more authorised persons; and

                     (b)  authorise the persons so named, with such assistance and by such force as is necessary and reasonable:

                              (i)  to enter the premises; and

                             (ii)  to exercise the powers set out in subsections 47(4) and 48(1); and

                            (iii)  to seize the evidential material; and

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

                     (d)  specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

                     (e)  state the purpose for which the warrant is issued.

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