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PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 118
Issue of warrant
118 Issue of warrant
(1) The magistrate may issue the warrant for the place only if the magistrate
is satisfied there are reasonable grounds for suspecting that there is at the
place, or will be at the place within the next 7 days, a particular thing or
activity that may provide evidence of an offence against this Act.
(2) The
warrant must state— (a) the place to which the warrant applies; and
(b)
that an authorised person may with necessary and reasonable help and force—
(i) enter the place and any other place necessary for entry to the place; and
(ii) exercise the authorised person’s powers; and
(c) particulars of the
offence that the magistrate considers appropriate; and
(d) the name of the
person suspected of having committed the offence unless the name is unknown or
the magistrate considers it inappropriate to state the name; and
(e) the
evidence that may be seized under the warrant; and
(f) the hours of the day
or night when the place may be entered; and
(g) the magistrate’s name; and
(h) the day and time of the warrant’s issue; and
(i) the day, within 14
days after the warrant’s issue, the warrant ends, unless the warrant allows
for re-entry of a place under subsection (3).
(3) If the warrant relates to a
diversion risk or a substance risk for medicinal cannabis, the warrant may
also state that an authorised person may enter the place again to check
compliance with a disposal order for the medicinal cannabis issued as a result
of the authorised person’s entry of the place under the warrant.
(4) To the
extent that the warrant allows for the re-entry of a place as mentioned in
subsection (3), it expires on— (a) the day that is 7 days after the
expiration of the period stated in the disposal order for completing the steps
stated in the order; or
(b) if an earlier day is stipulated in the warrant,
that day.
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