PUBLICATIONS CONTROL ACT 1989 (REPEALED) - SECT 34 34. (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that, on the day on which, or a day within 28 days after the date on which, the information is laid, there is or will be a thing or things of a particular kind connected with a particular offence on or in a place, and the information sets out those grounds, the Magistrate may issue a search warrant authorising a police officer named in the warrant, with such assistance and by such force as is necessary and reasonable

Australian Capital Territory Repealed Acts

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This legislation has been repealed.

PUBLICATIONS CONTROL ACT 1989 (REPEALED) - SECT 34

34. (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that, on the day on which, or a day within 28 days after the date on which, the information is laid, there is or will be a thing or things of a particular kind connected with a particular offence on or in a place, and the information sets out those grounds, the Magistrate may issue a search warrant authorising a police officer named in the warrant, with such assistance and by such force as is necessary and reasonable—

(a) to enter the place;

(b) to search the place for things of that kind; and

(c) to seize any thing of that kind found upon the place that the police officer believes on reasonable grounds to be connected with that offence.

(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) A warrant issued under subsection (1) shall state or set out—

(a) the purpose for which the warrant is issued, including a reference to the nature of the offence in relation to which the entry and search are 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;

(d) the conditions (if any) to which the warrant is subject; and

(e) a date, not being later than 28 days after the date of issue of the warrant, upon which the warrant will cease to have effect.

(4) If, in the course of searching, in accordance with a warrant issued under subsection (1), for things conected with a particular offence, being things of a kind specified in the warrant, a police officer finds any thing that he or she believes on reasonable grounds—

(a) to be connected with the offence, although not of a kind specified in the warrant; or

(b) to be connected with another offence;

and he or she believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating either offence, the warrant shall be deemed to authorise him or her to seize that thing.

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