WORK HEALTH AND SAFETY ACT 2012 - SECT 167
WORK HEALTH AND SAFETY ACT 2012 - SECT 167
(1) An inspector may
apply to a magistrate for a search warrant for a place.
(2) Subject to
subsection (6), 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 a search 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 an offence against this Act; and
(b) the
evidence is, or may be within the next 72 hours, at the place.
(5) Subject to
subsection (6), the search warrant must state—
(a) that
a stated inspector may, with necessary and reasonable help and force, enter
the place and exercise the inspector's compliance powers; and
(b) the
offence for which the search warrant is sought; and
(c) the
evidence that may be seized under the search warrant; and
(d) the
hours of the day or night when the place may be entered; and
(e) the
date, within 7 days after the search warrant's issue, the search warrant ends.
(6) An inspector may
apply to a magistrate for a search warrant by telephone, fax or other
prescribed means if the inspector considers the urgency of the situation
requires it and, in such a case, the following provisions will apply:
(a) the
magistrate may complete and sign the warrant without the provision of sworn
evidence and without a written application that states the grounds on which
the warrant is sought if the magistrate is satisfied that there are reasonable
grounds for issuing the warrant urgently;
(b) if
the magistrate completes and signs a warrant under paragraph (a), the
magistrate must then tell the inspector—
(i)
the terms of the warrant (as contemplated by
subsection (5)); and
(ii)
the date on which, and the time at which, the warrant was
signed;
(c) if
steps are taken under paragraph (b), the inspector must then—
(i)
complete a form of warrant in the same terms as the
warrant signed by the magistrate and write on the form—
(A) the name of the magistrate; and
(B) the date on which, and the time at
which, the warrant was signed; and
(ii)
send the magistrate the completed form of warrant not
later than the day after the warrant is executed or comes to an end;
(d) a
form of warrant completed by an inspector under paragraph (c) has the
same force and effect as a warrant issued by the magistrate under subsections
(4) and (5).