EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3I Search warrants

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3I

    (1)     An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular relevant premises or former relevant premises, if the officer believes on reasonable grounds that there is on the premises evidence that a person or persons may have contravened a relevant law.

S. 5.8.3I(2) amended by No. 6/2018 s. 68(Sch. 2 item 44).

    (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, document or device of a particular kind connected with a contravention of a relevant law on any relevant premises or former relevant 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; and

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

              (i)     search for;

              (ii)     seize;

              (iii)     secure against interference;

              (iv)     examine and inspect—

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

        (c)     in the case of any document of a particular kind, named or described in the warrant, if the officer believes, on reasonable grounds, that it is connected with the alleged contravention, do all or any of the following—

              (i)     require the document to be produced for inspection;

              (ii)     examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

              (iii)     remove the document for so long as is reasonably necessary to make copies or take extracts from the document.

    (3)     A search warrant directed to a named authorised officer under subsection (2) may be executed by any authorised officer who is empowered under this Subdivision to apply for such a search warrant.

    (4)     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)     the premises to be searched; and

        (d)     the thing or things in respect of which the warrant is issued; and

        (e)     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

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

    (5)     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.

    (6)     In this section "former relevant premises" means any premises—

        (a)     from which an RTO carried on the business of providing vocational education and training within the last 6 months; or

        (b)     from which the business of providing vocational education and training was carried out and that was occupied by an RTO within the last 6 months.

S. 5.8.3J inserted by No. 71/2010 s. 44.