New South Wales Consolidated Acts

CO-OPERATIVE HOUSING AND STARR-BOWKETT SOCIETIES ACT 1998 - SECT 35

35 Monitoring warrants

(1) An inspector may apply to a Magistrate for a warrant under this section in relation to a particular place.

(2) Subject to subsection (3), the Magistrate may issue the warrant if the Magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the place for the purpose of finding out whether the requirements of this Act are being complied with.

(3) If the Magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the Magistrate must not issue the warrant unless the inspector or another person has given the information to the Magistrate in the form (either orally or by affidavit) that the Magistrate requires.

(4) The warrant must:

(a) authorise the inspector, with such assistance and by such force as is necessary and reasonable:

(i) to enter the place, and

(ii) to exercise the powers set out in section 34 (General powers of inspector in relation to places), and

(b) 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

(c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect, and

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