Commonwealth Consolidated Acts

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 85

Application for warrant

  (1)   An authorised officer may apply to an issuing officer for a warrant under this section in relation to premises.

Issue of warrant

  (2)   The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised officers should have access to the premises for the purpose of:

  (a)   determining whether this Act has been, or is being, complied with; or

  (b)   assessing the correctness of information provided under this Act.

  (3)   However, the issuing officer must not issue the warrant unless the authorised officer or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

  (4)   The warrant must:

  (a)   describe the premises to which the warrant relates; and

  (b)   state that the warrant is issued under this section; and

  (c)   state that the warrant is issued for the purpose of:

  (i)   determining whether this Act has been, or is being, complied with; or

  (ii)   assessing the correctness of information provided under this Act; and

  (d)   authorise one or more authorised officers (whether or not named in the warrant) from time to time while the warrant remains in force:

  (i)   to enter the premises; and

  (ii)   to exercise the powers set out in Subdivisions A and B of this Division in relation to the premises; and

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

  (f)   specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to be in force.