New South Wales Consolidated Acts

PETROLEUM (OFFSHORE) ACT 1982 - SECT 136C

136C Search warrants

(1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds to believe that a vessel has been used, is being used or is about to be used in contravention of section 120 and the information sets out those grounds and identifies the vessel, a Magistrate may issue a warrant authorizing an authorized person named in the warrant, with such assistance as the authorized person thinks necessary, to exercise all or any of the powers referred to in section 136B (1) (a), (b) and (e) in relation to that vessel.

(2) A Magistrate shall not issue a warrant unless:

(a) the informant 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, and

(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

(3) A warrant shall:

(a) specify the purpose for which the warrant is issued,

(b) set out a description of the vessel in relation to which the warrant is issued, and

(c) specify a day, not being later than 7 days after the day on which the warrant is issued, as being the day on which the warrant ceases to have effect.

(4) In this section,
"Magistrate" includes an authorised officer within the meaning of the Criminal Procedure Act 1986 .