AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 54B Search warrants

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 54B

S. 54B(1) amended by No. 22/2022 s. 30.

    (1)     An authorised officer, with the written approval of the Secretary, may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the authorised officer believes on reasonable grounds that there is on the premises evidence that a person or persons may have contravened this Act or the regulations or an Order made under this Act.

S. 54B(2) amended by No. 6/2018 s. 68(Sch. 2 item 3).

    (2)     If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the authorised officer that there are reasonable grounds to believe that there is a thing or things of a particular kind connected with a contravention of this Act, the regulations or an Order on any premises, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising an authorised officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

        (a)     to enter the premises specified in the warrant, if necessary by force; and

        (b)     to do all or any of the following—

              (i)     search for;

              (ii)     seize;

              (iii)     secure against interference;

              (iv)     examine, inspect and take and keep samples of;

              (v)     inspect and make copies of, or take extracts from—

a thing or things of a particular kind named or described in the warrant and which the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention.

    (3)     A search warrant issued under this section must state—

        (a)     the purpose for which the search is required and the nature of the alleged contravention; and

        (b)     any conditions to which the warrant is subject; and

        (c)     whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

        (d)     a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

    (4)     Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

S. 54C (Heading) amended by No. 22/2022 s. 12.

S. 54C inserted by No. 55/2001 s. 20.