Application for monitoring warrant

(1)

An authorised officer may apply to a magistrate for a warrant under this section in relation to particular premises. The warrant is to be known as a monitoring warrant .

Issue of monitoring warrant

(2)

Subject to subsection (3), the magistrate may issue the monitoring warrant if satisfied, by information on oath or affirmation, that it is reasonably necessary that the authorised officer should have access to the premises for the purpose of finding out whether any or all of the provisions of this Act or the regulations are being complied with.

Information about grounds for issue of monitoring warrant

(3)

The magistrate must not issue the monitoring warrant unless the authorised person or another person has given the magistrate, either orally (on oath or affirmation) or by affidavit, such further information as the magistrate requires about the grounds on which the issue of the monitoring warrant is being sought.

Terms of warrant

(4)

The monitoring warrant must:

(a)

authorise an authorised officer named in the monitoring warrant, with such assistance and by such force as is necessary and reasonable, from time to time while the monitoring warrant remains in force, to enter the premises and exercise monitoring powers; and

(b)

state whether an entry under the monitoring warrant 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 monitoring warrant) on which the monitoring warrant ceases to have effect; and

(d)

state the purpose for which the monitoring warrant is issued.

Seizure powers

(5)

If an authorised officer enters premises under a monitoring warrant, he or she may exercise powers of seizure conferred by section 445.