Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An inspector may apply to a magistrate for a warrant under this section in relation to premises.
(2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for the purposes of finding out whether the Spam Act 2003 has been complied with.
(3) 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.
(4) If the premises are a residence, the magistrate must not issue the warrant unless:
(a) all of the following conditions are satisfied:
(i) the Federal Court has found, in proceedings under the Spam Act 2003 , that an individual has breached that Act;
(ii) the finding has not been overturned on appeal;
(iii) the individual ordinarily resides at the premises;
(iv) the breach involved the use of equipment that is or was on those premises;
(v) the warrant is issued within 10 years after the finding; or
(b) all of the following conditions are satisfied:
(i) an individual has given an undertaking for the purposes of section 38 of the Spam Act 2003 ;
(ii) the undertaking is in force;
(iii) the individual ordinarily resides at the premises;
(iv) the undertaking applies to the use of equipment that is on those premises.
(5) The warrant must:
(a) authorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable:
(i) to enter the premises; and
(ii) to exercise the powers set out in section 547B in relation to the premises; and
(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.