Australian Capital Territory Repealed Acts

This legislation has been repealed.

ORDINANCE 1984 - SECT 34

34. (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon or in any premises a thing or things of a particular kind connected with a particular offence against a provision of this Ordinance, and the information sets out those grounds, the Magistrate may issue a search warrant authorizing the Authority or the inspector named in the warrant, with such assistance as he thinks necessary and if necessary by force—

        (a)     to enter upon or into the premises;

        (b)     to search the premises; and

        (c)     to exercise any of his powers under sub-section 32 (4) in regard to such a thing.

(2) A Magistrate shall not issue a warrant under sub-section (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, search and exercise of powers under sub-section 32 (4) are authorized;

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

        (c)     a description of the kind of things in relation to which the powers under sub-section 32 (4) may be exercised; and

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

4. If, in the course of searching, in accordance with a warrant issued under this section, for things connected with a particular offence against this Ordinance, being things of a kind specified in the warrant, the Authority or an inspector finds any thing that he believes on reasonable grounds to be connected with the offence, although not of a kind specified in the warrant, or to be connected with another offence against this Ordinance, and he believes on reasonable grounds that it is necessary to exercise all or any of his powers under sub-section 32 (4) in relation to that thing in order to prevent the committing, continuing or repeating of the offence or that other offence, the warrant shall be deemed to authorize him to exercise those powers in relation to that thing.