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FISHERIES ACT 1994 - SECT 148 Warrants

FISHERIES ACT 1994 - SECT 148

Warrants

148 Warrants

(1) An inspector may apply to a magistrate for a warrant for a place, boat or vehicle.
(2) The application must be sworn and state the grounds on which the warrant is sought.
(3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example—
The magistrate may require additional information supporting the application be given by statutory declaration.
(4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—
(a) there is a particular thing or activity (the
"evidence" ) that may provide evidence of the commission of an offence against this Act; and
(b) the evidence is, or may be within the next 7 days, at the place, on the boat or in the vehicle.
(5) The warrant must state—
(a) a stated inspector or any inspector may, with necessary and reasonable help and force, enter the place, board the boat or enter the vehicle, and exercise the inspector’s powers under this Act; and
(b) the evidence for which the warrant is issued; and
(c) the hours of the day when entry may be made; and
(d) the day (within 14 days after the warrant’s issue) when the warrant ends.