ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 124 Warrants for searches of land or premises

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 124

124.(1) If:

   (a)  an information on oath is laid before a magistrate alleging that an
        officer suspects on reasonable grounds that there may be, in or on
        land or premises:

        (i)    anything in respect of which an offence against this Act has
               been committed; or

        (ii)   anything that may afford evidence about the commission of an
               offence against this Act; and

   (b)  the information sets out those grounds; the magistrate may issue a
        search warrant authorising an officer 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
        123(2)(b), (c) and (d) in respect of the thing.

(2) The magistrate must not issue the warrant 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 must be stated in the warrant:

   (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 things to be seized; and

   (d)  a day, not later than 7 days after the day of issue of the warrant,
        upon which the warrant ceases to have effect.

(4) If, in the course of searching, under the warrant, for a particular thing
in relation to a particular offence, an officer finds a thing that the officer
believes on reasonable grounds to be:

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

   (b)  a thing that will afford evidence about the commission of another
        offence under this Act; and the officer 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 taken to authorise the officer to seize that thing.