Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 21WA

Monitoring warrants

21WA. Monitoring warrants



(1) An inspector may apply to a magistrate for the issue of a warrant under
this section in relation to premises.

(2) Subject to subsection (3), the magistrate may issue the warrant if the
magistrate is satisfied by evidence on oath, whether oral or by affadavit,
that it is reasonably necessary that one or more inspectors should have access
to the premises for the purposes of finding out whether this Part or the
regulations made for the purposes of this Part have been complied with.

(3) The magistrate must not issue the warrant unless the inspector or some
other person has given to the magistrate, either orally or by affidavit, such
further information (if any) as the magistrate requires concerning the grounds
on which the issue of the warrant is being sought.

(4) The warrant must-

   (a)  authorise one or more inspectors (whether or not named in the warrant)
        with such assistance and by such force as is necessary and reasonable-



   (i)  to enter the premises; and

   (ii) to exercise the powers set out in section 21V in relation to the
        premises; and

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

   (c)  specify the day (not more than 15 days after the issue of the warrant)
        on which the warrant ceases to have effect; and

   (d)  state the purpose for which the warrant is issued.

(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.