Australian Capital Territory Repealed Acts

This legislation has been repealed.

CASINO CONTROL ACT 1988 (REPEALED) - SECT 105

    (1)     If an inspector has reasonable grounds for suspecting that there may be, or that, within the next following 72 hours, there may be, in or on any premises, a thing of a particular kind connected with a particular offence, the inspector may—

        (a)     lay before a magistrate an information on oath setting out those grounds; and

        (b)     apply for the issue of a warrant to search the premises for things of that kind.

    (2)     If an application is made under subsection (1) for a warrant to search premises, the magistrate may, subject to subsection (5), issue a 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 the kind specified in the warrant; and

        (c)     to seize anything found in the course of the search that the inspector believes, on reasonable grounds, to be a thing of that kind connected with the relevant offence.

    (3)     If an inspector has reasonable grounds for suspecting that there may be a thing of a particular kind connected with a particular offence—

        (a)     on a person; or

        (b)     in the clothing that is being worn by a person; or

        (c)     otherwise in a person's immediate control;

the inspector may—

        (d)     lay before a magistrate an information on oath setting out those grounds; and

        (e)     apply for the issue of a warrant to search the person for things of that kind.

    (4)     If an application is made under subsection (3) for a warrant to search a person, the magistrate may, subject to subsection (5), issue a warrant authorising an inspector named in the warrant with the assistance and by the force that is necessary and reasonable—

        (a)     to search the person for things of the kind specified in the warrant; and

        (b)     to seize any thing found in the course of the search that the inspector believes, on reasonable grounds, to be a thing of that kind connected with the relevant offence.

    (5)     A magistrate shall not issue a warrant under this section 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.

    (6)     A warrant shall—

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

        (b)     specify the nature of the relevant offence; and

        (c)     specify particular hours during which 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 the warrant 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.