Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAS ACT 1992 - SECT 69

(a)     a thing of a particular kind connected with a particular offence against this Act; or

(b)     any pipe, fitting, apparatus, equipment or other article, used in the production, reticulation, storage or consumption of gas, that—

              (i)     does not comply with this Act or the Manual; or

              (ii)     is, or is likely to become, unsafe to use;

and the information sets out those grounds, the magistrate may issue a search warrant authorising an inspector named in the warrant, with such assistance and by such force as is necessary and reasonable—

(c)     to enter the premises;

(d)     to search the premises for things of the kind referred to in paragraph (a) or for any pipe, fitting, apparatus, equipment or other article of a kind referred to in paragraph (b); and

(e)     to exercise the powers of an inspector under subsection 67 (3) in relation to the premises.

(2) A magistrate shall 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 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) A warrant shall—

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

(b)     specify the nature of the offence, or the lack of compliance or safety, in relation to which the entry and search are authorised;

(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)     specify the date (being a date not later than 1 month after the date on which the warrant is issued) on which the warrant ceases to have effect.

(4) If, in the course of searching premises under a warrant issued under subsection (1), an inspector—

(a)     finds any pipe, fitting, apparatus, equipment or other article that is not of a kind specified in the warrant;

(b)     has reasonable grounds for believing that the pipe, fitting, apparatus, equipment or other article—

              (i)     is used in the production, reticulation, storage or consumption of gas; and

              (ii)     does not comply with the Manual, or is, or is likely to become, unsafe to use; and

(c)     has reasonable grounds for believing that it is necessary to seize the pipe, fitting, apparatus, equipment or other article in order to prevent its—

              (i)     concealment, loss or destruction;

              (ii)     sale or letting on hire;

              (iii)     being exposed or advertised for sale or hire; or

              (iv)     being installed in, or connected to, a gas reticulation system;

the inspector may seize it.

Preparation and amendment