Commonwealth Numbered Acts

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SECT 25

25. (1) Where an inspector has reasonable grounds for suspecting that there
may be on any land or premises any article or 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)  pursuant to a warrant issued under sub-section (4), enter upon the
        land, or upon or into the premises, and-

   (c)  search the land or premises for any such article or thing; and

   (d)  seize any such article or thing found upon the land or upon or in the
        premises.

(2) Where an inspector has reasonable grounds for suspecting that there is in
any vessel, aircraft or vehicle any article or thing that may afford evidence
as to the commission of an offence against this Act, the inspector may-

   (a)  with the consent of the person in control of the vessel, aircraft or
        vehicle; or

   (b)  pursuant to a warrant issued under sub-section (4), enter the vessel,
        aircraft or vehicle and-

   (c)  search the vessel, aircraft or vehicle for any such article or thing;
        and

   (d)  seize any such article or thing found in the vessel, aircraft or
        vehicle.

(3) Where an inspector may enter a vessel, aircraft or vehicle under
sub-section (2), the inspector may, for the purpose of effecting that entry
and for the purpose of exercising a power referred to in paragraph (2) (c) or
(d), stop and detain the vessel, aircraft or vehicle.

(4) Where an information on oath is laid before a Magistrate alleging that
there are reasonable grounds for suspecting that there may be upon any land or
upon or in any premises, vessel, aircraft or vehicle, any article or 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 appropriate form prescribed for the purposes
of this sub-section, authorising an inspector named in the warrant, with such
assistance as the inspector thinks necessary, and if necessary by force-

   (a)  to enter upon the land or upon or into the premises, vessel, aircraft
        or vehicle;

   (b)  to search the land, premises, vessel, aircraft or vehicle for any such
        article or thing; and

   (c)  to seize any article or thing that the inspector-

        (i)    finds upon the land or upon or in the premises, vessel,
               aircraft or vehicle; and

        (ii)   believes on reasonable grounds may be an article or thing
               connected with that offence.

(5) A Magistrate shall not issue a warrant under sub-section (4) 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.

(6) There shall be stated in a warrant issued under sub-section (4)-

   (a)  the purpose for which the warrant is issued, including a reference to
        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 articles 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.

(7) Where an inspector seizes any article or thing pursuant to sub-section (1)
or (2), the inspector may retain the article or 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 article or thing may afford evidence
are instituted within that period, until the proceedings (including any appeal
to a court in relation to those proceedings) are terminated.

(8) The Minister may authorise any article or thing seized under sub-section
(1) or (2) to be released to the owner, or to the person from whom the article
or thing was seized, either unconditionally or on such conditions as the
Minister thinks fit, including conditions as to the giving of security for
payment of the value of the article or thing if it is forfeited under section
31.