Australian Capital Territory Repealed Acts

This legislation has been repealed.

ENERGY AND WATER ACT 1988 (REPEALED) - SECT 68

(1)     Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for believing that an offence has been or is being committed on any premises and the information sets out those grounds, the Magistrate may issue a search warrant authorising an authorised person named in the warrant, with such assistance and by such force as is necessary and reasonable to enter the premises for the purpose of—

        (a)     inspecting the premises;

        (b)     searching for and seizing any thing that the authorised person believes on reasonable grounds is connected with an offence; or

        (c)     exercising any of the powers referred to in section 56.

(2)     A Magistrate shall not issue a warrant under subsection (1) 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.

(3)     There shall be stated in a warrant issued under this section—

        (a)     a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the offence in relation to which the entry is authorised;

        (b)     whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

        (c)     a date, not being later than 1 month after the date of issue of the warrant, upon which the warrant ceases to have effect.