Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication for warrant
(1) If:
(a) an authorised officer reasonably suspects that there may be, at any time within the following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a document or other thing that may afford evidence relating to a contravention of a civil penalty provision in, or an offence against, this Part; and
(b) the authorised officer reasonably believes that, if a notice under section 314AN were issued for the production of the document or other thing, the document or other thing might be concealed, lost, mutilated or destroyed;
the authorised officer may apply to a magistrate for the issue of a search warrant under this section.
Issue of search warrant
(2) The magistrate may issue a search warrant authorising:
(a) the authorised officer or any other person named in the warrant (each an executing officer ):
(i) to enter on the land or on or into the premises, vessel, aircraft or vehicle; and
(ii) to search the land, premises, vessel, aircraft or vehicle for documents or other things that may afford evidence relating to a contravention of the civil penalty provision or offence, being documents or other things of a kind described in the warrant; and
(iii) to seize any documents or other things of the kind referred to in subparagraph (ii); and
(b) the executing officer to use such assistance as the officer thinks reasonably necessary to do a thing specified in paragraph (a); and
(c) an executing officer who is an authorised officer to use such force against things as the officer thinks reasonably necessary to do a thing specified in paragraph (a).
(3) However, the magistrate must not issue a search warrant unless:
(a) the authorised officer or some other person has given to the magistrate an affidavit setting out the grounds on which the issue of the search warrant is being sought; and
(b) the authorised officer 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 search warrant is being sought; and
(c) the magistrate is satisfied that there are reasonable grounds for issuing the search warrant.
Powers conferred on magistrates
(4) A power conferred on a magistrate by this section is conferred on the magistrate in a personal capacity and not as a court or a member of a court. The magistrate need not accept the power conferred.
(5) A magistrate exercising such a power has the same protection and immunity as if the magistrate were exercising that power as, or as a member of, the court of which the magistrate is a member.
Content of search warrant
(6) The search warrant must:
(a) describe the land, premises, vessel, aircraft or vehicle to which the warrant relates; and
(b) state the purposes for which the warrant is issued, including a reference to the alleged contravention of the civil penalty provision or offence in relation to which the warrant is issued; and
(c) state the name of the executing officer; and
(d) state whether entry is authorised at any time of the day or night; and
(e) describe the kind of documents or other things authorised to be seized; and
(f) state the day the warrant ceases to be in force.
(7) The day specified in the search warrant must not be more than 7 days after the day on which the warrant was issued.
Copy of warrant to be given to occupier etc.
(8) If a warrant in relation to land or premises is being executed and the occupier of the land or premises, or another person who apparently represents the occupier, is present at the premises, the executing officer must give a copy of the warrant to that person.
(9) If a warrant in relation to a vessel, aircraft or vehicle is being executed and the owner of the vessel, aircraft or vehicle, or another person who apparently represents the owner of the vessel, aircraft or vehicle is present, the executing officer must give a copy of the warrant to that person.
(10) The executing officer must identify themselves to the person at the land, premises, vessel, aircraft or vehicle being searched.