Australian Capital Territory Repealed Acts

This legislation has been repealed.

RADIATION ACT 1983 (REPEALED) - SECT 21

    (1)     If an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be on or in any premises a thing or things of a particular kind connected with a particular offence against a provision of this Act, and the information sets out those grounds, the magistrate may issue a search warrant authorising the inspector named in the warrant, with the assistance he or she thinks necessary and if necessary by force—

        (a)     to enter on or into the premises; and

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

        (c)     to seize any thing of that kind found on or in the premises that he or she 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, the further information (if any) 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 and search are authorised; and

        (b)     whether 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 description of the kind of things authorised to be seized; and

        (d)     a date, not being later than 1 month after the date of issue of the warrant, when 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 Act, being things of a kind specified in the warrant, an inspector finds any thing that he or she 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 Act, 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 the offence or in committing the other offence, the warrant shall be deemed to authorise the seizure.