New South Wales Consolidated Acts

CO-OPERATIVE HOUSING AND STARR-BOWKETT SOCIETIES ACT 1998 - SECT 36

36 Offence related 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 there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in the place a particular thing ( "the evidence") that may afford evidence of the commission of an offence against this Act.

(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

(iii) to seize the evidence, 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 7 days after the issue of the warrant) on which the warrant ceases to have effect, and

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