ABORIGINAL HERITAGE ACT 2006 - SECT 173 Search warrants

ABORIGINAL HERITAGE ACT 2006 - SECT 173

S. 173(1) amended by No. 11/2016 s. 114(1).

    (1)     An authorised officer may apply to a magistrate for the issue of a search warrant under this section in relation to a particular place.

S. 173(2) amended by Nos 37/2014 s. 10(Sch. item 1.2), 11/2016 s. 114(2).

    (2)     If the magistrate is satisfied that there are reasonable grounds for believing that an offence against this Act has occurred, or is likely to occur, the magistrate may issue a search warrant authorising the authorised officer and any police officer and other assistants the authorised officer considers necessary—

        (a)     to enter the place named or described in the warrant; and

        (b)     to search for and seize a thing or things named or described in the warrant.

S. 173(3) amended by No. 11/2016 s. 114(3).

    (3)     In addition to a thing named or described in the warrant under subsection (2)(b), the authorised officer executing the warrant may seize any other thing, including an Aboriginal object, present at the place if the authorised officer reasonably believes—

        (a)     that the thing will afford evidence of the commission of an offence against this Act; and

        (b)     that it is necessary to seize the thing to prevent its concealment, loss or destruction.

    (4)     In addition to any other requirement, a search warrant issued under this section must state—

        (a)     the offence suspected; and

        (b)     the place to be searched; and

        (c)     a description of the thing for which the search is to be made; and

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

        (e)     whether entry is authorised to be made at any time or during stated hours; and

        (f)     a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

    (5)     A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and must be in the form set out in the regulations under that Act.

    (6)     Subject to any provision to the contrary in this Act, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

    (7)     In this section, "place" includes land, premises and a vehicle.