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TRANSPORT SAFETY INVESTIGATION ACT 2003 No. 18, 2003 - SECT 40
Issue of investigation warrants
Application for warrant
- (1)
- The Executive Director may apply to a magistrate
for a warrant under this section in relation to premises.
Issue of warrant
- (2)
- The magistrate may issue the warrant if the magistrate
is satisfied, by information on oath, that there are reasonable grounds for
suspecting that:
- (a)
- there is evidential material on the premises; or
- (b)
- there may be evidential material on the premises within the next 72 hours.
- (3)
- However, the magistrate must not issue the warrant unless the Executive
Director 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.
Content of warrant
- (4)
- The warrant must:
- (a)
- authorise the Executive Director, 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 36; and
- (iii)
- to seize evidential material to which the warrant relates; 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 one week 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.
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