Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
46A Monitoring warrants
(1) An inspector may apply to a magistrate for 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 information on oath that it is reasonably necessary that 1 or more inspectors should have access to the premises for the purposes of finding out whether this Act has been complied with.
Note 1 Oath includes affirmation, and "take" an oath includes make an affirmation (see Legislation Act, dict, pt 1).
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3) The magistrate must not issue the warrant unless the inspector or someone else has given to the magistrate, either orally or by affidavit, any further information the magistrate requires about the grounds on which the issue of the warrant is being sought.
(4) The warrant must—
(a) authorise 1 or more inspectors (whether or not named in the warrant) with the assistance and force that is necessary and reasonable—
(i) to enter the premises; and
(ii) to exercise the powers set out in section 45 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 stated hours of the day or night; and
(c) state 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.
46B Details of warrant to be given to occupier etc
(1) If a warrant under section 46A is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector must make available to that person a copy of the warrant.
(2) The inspector must identify himself or herself to that person.
(3) The copy of the warrant mentioned in subsection (1) need not include the signature of the magistrate who issued the warrant.
46C Announcement before entry
An inspector must, before entering premises under a warrant—
(a) announce that he or she is authorised to enter the premises; and
(b) give any person at the premises an opportunity to allow entry to the premises.
46D Occupier entitled to be present during search
(1) If a warrant under section 46A is being executed and the occupier of the premises, or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.
(2) The right to observe the search being conducted ceases if the person impedes the search.
(3) This section does not prevent 2 or more areas of the premises being searched at the same time.