(1) An inspector may apply to a magistrate for a warrant under this section
for a place, other than a place, or part of a place used exclusively as a
person’s residence, if the inspector is reasonably satisfied—
(b) it is necessary for the
inspector to enter the place to find out if this Act is being complied with in
relation to abalone or commercial fish.
(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 to be given by statutory declaration.
(4) The magistrate may issue the warrant only if the magistrate is satisfied
it is reasonably necessary that the inspector or another inspector should have
access to the place for the purpose of finding out whether this Act is being
complied with in relation to abalone or commercial fish.
(5) The warrant must
state—
(a) that an inspector may, with necessary and reasonable help and
force—
(i) enter, and from time to time re-enter, the place; and
(ii)
exercise an inspector’s powers under this part; and
(b) the purpose for
which the warrant is sought; and
(c) the hours of the day or night when the
place may be entered; and
(d) any conditions imposed by the magistrate; and
(e) the date, within 2 months after the warrant’s issue, the warrant ends.
Examples for paragraph (d)—
1 The magistrate may limit the number of times
an inspector may enter the place while the warrant is in force.
2 The
magistrate may require an inspector to give to the magistrate information
about the use of the inspector’s powers under the warrant.
(6) In this
section—
"commercial fish" means fish taken or possessed in trade or commerce.
