Australian Capital Territory Repealed Acts

This legislation has been repealed.

TRADE MEASUREMENT (ADMINISTRATION) ACT 1991 (REPEALED) - SECT 15

    (1)     Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against the trade measurement legislation, 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—

        (a)     to enter the premises; and

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

        (c)     to exercise any of the powers that, under the trade measurement legislation, may be exercised by an inspector.

    (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, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is 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; and

        (b)     specify the nature of the offence in relation to which the entry, search and exercise of the powers under the trade measurement legislation are authorised; and

        (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)     include a description of the kind of things in relation to which the powers under the trade measurement legislation may be exercised; and

        (e)     specify a day, not being later than 1 month after the day of the issue of the warrant, on which the warrant ceases to have effect.

    (4)     If, in the course of a search carried out under the authority of a warrant issued under this section—

        (a)     an inspector finds anything that he or she believes on reasonable grounds to be connected with an offence specified in the warrant or any other offence under the trade measurement legislation; and

        (b)     the inspector believes on reasonable grounds that, in order to prevent the continuation, commission or repetition of the offence, it is necessary to exercise any of the powers that, under the trade measurement legislation, may be exercised by an inspector;

the warrant is to be taken to authorise the exercise of that power in relation to that thing.