Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 56

(1)     Where a child who is the subject of a probation order resides with a person who has the custody of the child, the supervisor of the child may, on reasonable grounds and at a reasonable time—

        (a)     enter the premises where the child resides; and

        (b)     inspect the premises and the child.

(2)     Where a child who is the subject of a probation order resides with a person other than a person who has the custody of the child, the supervisor may enter the premises where the child resides and inspect the premises and the child if, and only if, the entry and inspection is made—

        (a)     with the consent of the occupier of the premises; or

        (b)     in pursuance of a warrant issued under this section.

(3)     Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that—

        (a)     a child the subject of a probation order is residing on premises otherwise than with a person who has the custody of the child; and

        (b)     it is necessary in the interests of the child for the premises and the child to be inspected;

and the information sets out those grounds, the magistrate may issue a search warrant authorising the supervisor of the child, with such assistance as is necessary and reasonable and by such force as is necessary and reasonable—

        (c)     to enter upon or into the premises; and

        (d)     to inspect the premises and the child.

(4)     A magistrate shall not issue a warrant under this section unless—

        (a)     the informant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning 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.