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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 135 Search and seizure warrant

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 135

Search and seizure warrant

    (1)     A magistrate to whom an application is made under section 134, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a warrant to the person or persons named in the warrant to enter the specified premises or place and search for and seize the recreational vessel specified in the warrant.

    (2)     A warrant issued under subsection (1) may authorise the person or persons named in the warrant to—

        (a)     enter the premises or place specified in the warrant; and

        (b)     search for the recreational vessel specified in the warrant; and

        (c)     use reasonable force to break into or open any structure on or at the premises or place specified in the warrant that may store the recreational vessel specified in the warrant; and

        (d)     seize and impound or immobilise the recreational vessel specified in the warrant, using any or all of the powers specified in sections 106(3) and 108.

    (3)     A warrant issued under subsection (1) must—

        (a)     state the purpose for which the warrant is issued; and

        (b)     give a description of the recreational vessel authorised for seizure; and

        (c)     give the address or other description of the premises or place in respect of which the warrant is issued.

    (4)     Every warrant issued under this section must be in the prescribed form.