FOOD ACT 2008 - SECT 41

FOOD ACT 2008 - SECT 41

41 .         Application for warrant to enter premises

        (1)         A reference in this section to making an application includes a reference to giving information in support of the application.

        (2)         An authorised officer may apply to a magistrate for a warrant in respect of any premises if the authorised officer has reasonable grounds for believing that a provision of this Act has been or is being contravened on the premises.

        (3)         The application must be made by the authorised officer in person unless —

            (a)         the warrant is needed urgently; and

            (b)         the applicant reasonably believes that a magistrate is not available within a reasonable distance of the applicant,

                in which case —

            (c)         the application may be made to a magistrate by remote communication; and

            (d)         the magistrate may grant the application only if satisfied about the matters in paragraphs (a) and (b).

        (4)         The application must be made in writing unless —

            (a)         the application is made by remote communication; and

            (b)         it is not practicable to send the magistrate written material,

                in which case —

            (c)         the application may be made orally; and

            (d)         the magistrate must make a written record of the application and any information given in support of it.

        (5)         The application must be made on oath unless —

            (a)         the application is made by remote communication; and

            (b)         it is not practicable for the magistrate to administer an oath to the applicant,

                in which case —

            (c)         the application may be made in unsworn form; and

            (d)         if the magistrate issues a warrant, the applicant is as soon as practicable to send the magistrate an affidavit verifying the application and any information given in support of it.

        (6)         If, on an application made by remote communication under this section, a magistrate issues a warrant, the magistrate must send, if practicable, a copy of the original warrant to the applicant by remote communication, but otherwise —

            (a)         the magistrate must send the applicant by remote communication any information that is to be set out in the warrant; and

            (b)         the applicant must complete a form of a warrant with that information and give the magistrate a copy of the form as soon as practicable after doing so; and

            (c)         the magistrate must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available for collection by the applicant.

        (7)         The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subsection (6) has the same force and effect as the original warrant.

        (8)         If an applicant contravenes subsection (5)(d) or (6)(b), any evidence obtained under the warrant is not admissible in proceedings in a court.