ROAD TRAFFIC ACT 1961 - SECT 41B
ROAD TRAFFIC ACT 1961 - SECT 41B
(1) This section
applies if an authorised officer believes on reasonable grounds that—
(a)
there may be at particular premises, then or within the next 72 hours,
records, devices or other things that may provide evidence of an
Australian road law offence; or
(b) a
vehicle has been or may have been involved in an accident and—
(i)
the vehicle is or has been located at particular
premises; or
(ii)
particular premises are or may be otherwise connected
(directly or indirectly) with the vehicle or any part of its equipment or
load.
(2) The officer may
apply to a magistrate for a warrant authorising the officer to exercise a
power to enter and search the premises under section 40T.
(3) An application for
a warrant may be made personally or by telephone or other means authorised
under the regulations.
(4) A magistrate may,
on an application for a warrant under this section, issue the warrant if
satisfied that the warrant is reasonably required in the circumstances.
(5) A warrant under
this section—
(a) must
specify—
(i)
the name of the magistrate issuing the warrant; and
(ii)
the person authorised to exercise the powers conferred by
the warrant; and
(iii)
the period for which the warrant will be in force (being
a period not longer than 45 days); and
(b) may
contain conditions and limitations; and
(c) may,
on application by the person named in the warrant, be varied or renewed (and
the provisions of this Act will apply in relation to such an application in
the same way as if it were an application for the issue of a warrant).
(6) The Governor may
make regulations governing the making of applications and the issuing of
warrants under this section.