Commonwealth Consolidated Acts

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Issue of search warrants

Application for warrant

  (1)   An inspector may apply to a magistrate for a warrant under this section in relation to premises.

Issue of warrant

  (2)   The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that:

  (a)   there is evidential material on the premises; or

  (b)   there may be evidential material on the premises within the next 72 hours.

Note:   A magistrate who holds office under a law of a State or Territory may issue a warrant in relation to premises even if those premises are not in that State or Territory.

  (3)   However, the magistrate must not issue the warrant unless the inspector 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.

Content of warrant

  (4)   The warrant must state:

  (a)   a description of the premises to which the warrant relates; and

  (b)   the kind of evidential material that is to be searched for under the warrant (including stating the contraventions to which the warrant relates); and

  (c)   the name of the inspector who is to be responsible for executing the warrant; and

  (d)   whether the warrant may be executed at any time of the day or night or during specified hours of the day or night; and

  (e)   the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect.

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