Australian Capital Territory Current Acts

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Search warrants

    (1)     If an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be, in or on any premises any thing of a particular kind connected with a particular offence against this Act, and the information sets out those grounds, the magistrate may issue a search warrant authorising an inspector named in the warrant, with the assistance and by the force that is necessary and reasonable—

        (a)     to enter the premises; and

        (b)     to search the premises for things of that kind; and

        (c)     to exercise the powers of an inspector under section 191 (3) in relation to the premises or place.

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

        (a)     the informant or another person has given the magistrate, either orally 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; and

        (b)     specify the nature of the offence (if any) in relation to which the entry and search are authorised; and

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

        (d)     include a description of the kinds of things in relation to which the powers under section 191 (3) may be exercised; and

        (e)     specify the date, not later than 1 month after the date of issue of the warrant, when the warrant ceases to have effect.

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