OZONE PROTECTION ACT 1989 No. 7, 1989 - SECT 52 Offence-related searches and seizures

OZONE PROTECTION ACT 1989 No. 7, 1989 - SECT 52

52. (1) Where an inspector has 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, 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 or in 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 upon or in 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 shall 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) There shall be stated in a warrant issued under subsection (2):

   (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;

   (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 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 shall be taken to authorise the inspector to seize that
        thing.

(6) Where an inspector seizes any thing under subsection (1), 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) 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.