New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 35

35 Search warrant

(1) An authorised person may apply to a magistrate for the issue of a search warrant in relation to a particular place if the person--

(a) believes on reasonable grounds that--

(i) there is or has been or will be a breach of a relevant provision; and

(ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place; or

(b) reasonably suspects that--

(i) there may have been a breach of a relevant provision; and

(ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place.

(2) If a magistrate is satisfied by the evidence, on oath or by affidavit, of an authorised person that there are reasonable grounds for suspecting that there is, or may be within the next 7 days, a thing or things of a particular kind connected with a breach or possible breach of a relevant provision on or in a place, the magistrate may issue a search warrant authorising an authorised person named in the warrant--

(a) to enter the place specified in the warrant, with such assistance and by the use of such force as is necessary and reasonable;

(b) to search the place or any part of the place;

(c) to search for and seize a thing named or described in the warrant and which the person believes on reasonable grounds to be connected with the breach or possible breach of the relevant provision;

(d) to inspect, examine or record an image of anything in the place;

(e) to take extracts from, and make copies of, any documents in the place;

(f) to take into the place such equipment and materials as the person requires for exercising the powers.

(3) A search warrant issued under this section must state--

(a) the purpose for which the search is required and the nature of the suspected breach of the relevant provision; and

(b) any conditions to which the warrant is subject; and

(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) Except as provided by this Law, the rules to be observed with respect to search warrants mentioned in any relevant laws of this jurisdiction extend and apply to warrants under this section.