Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 150ZG

(1)     Where an inspector has reasonable grounds for believing that there is, or there will be within the next 72 hours, in or on any land, any evidential material, 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 land for that evidential material.

(2)     Where an application is made under subsection (1) for a warrant to search land, a Magistrate may, subject to subsection (3), issue a warrant authorising an inspector named in the warrant, with such assistance and by such force as is necessary and reasonable—

        (a)     to enter the land;

        (b)     to ascertain whether or not a parking infringement has been committed on the land; and

        (c)     to search the land for evidential material of the kind specified in the warrant.

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

(4)     A warrant shall include statements of the following matters:

        (a)     the parking infringement to which it relates;

        (b)     a description of the land to which the warrant relates;

        (c)     the kinds of evidential material that are to be searched for under the warrant;

        (d)     the name of the inspector who is responsible for executing the warrant;

        (e)     the period not exceeding 28 days for which the warrant remains in force;

        (f)     subject to subsection (5), the times during which the search is authorised.

(5)     If the application for the warrant is made under section 150ZH, this section applies as if—

        (a)     subsection (1) referred to 48 hours instead of 72 hours; and

        (b)     paragraph (4) (e) referred to 48 hours instead of 28 days.