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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 335L

Grant of warrant

  (1)   This section applies if, on an application under section   335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section   335.

  (2)   The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:

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

  (b)   to search the premises; and

  (c)   to break open and search anything, whether a fixture or not, in or on the premises; and

  (d)   to take possession of, or secure against interference, documents that appear to be any or all of those documents.

  (3)   If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section   335K for the purposes of the application:

  (a)   which of the grounds set out in the information; and

  (b)   particulars of any other grounds;

he or she has relied on to justify the issue of the warrant.

  (4)   A warrant under this section must:

  (a)   specify the premises and documents referred to in subsection   (1); and

  (b)   state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

  (c)   state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.



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