Australian Capital Territory Current Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 104

    (1)     If—

        (a)     an information is laid before a magistrate alleging that an authorised officer has reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against this Act; and

        (b)     the information sets out those grounds;

the magistrate may issue a search warrant authorising the authorised officer named in the warrant, with the assistance and by the force that is necessary and reasonable—

        (c)     to enter the premises described in the warrant; and

        (d)     to search the premises for things of the kind mentioned in paragraph (a); and

        (e)     to exercise any of the powers listed in section 100 in relation to those things.

    (2)     A magistrate must not issue a warrant unless—

        (a)     the informant or another person has given the magistrate, either orally on oath or by affidavit, any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; and

        (b)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

    (3)     A warrant must—

        (a)     state the purpose for which it is issued, including a reference to the nature of the offence in relation to which the entry and search is authorised; and

        (b)     state that the entry is authorised at any time of the day or night, or specify particular hours during which the entry is authorised; and

        (c)     include a description of the kind of things in relation to which the powers listed in section 100 may be exercised; and

        (d)     specify a date, not later than 1 month after the date the warrant is issued, when the warrant ceases to have effect.

    (4)     If in the course of searching under a warrant for things of a particular kind connected with a particular offence, an authorised officer—

        (a)     finds a thing that the officer has reasonable grounds for believing to be—

              (i)     connected with the offence, although not a thing of the kind specified in the warrant; or

              (ii)     connected with another offence against this Act; and

        (b)     is satisfied that it is necessary to exercise any of the powers listed in section 100 in relation to the thing to prevent the committing, continuing or repeating of the offence or the other offence;

the warrant must be taken to authorise the officer to exercise those powers in relation to that thing.