South Australian Numbered Acts South Australian Numbered Acts (1) If a
relevant authority is authorised under this Act to seize a motor vehicle in
relation to an offence or an alleged offence, the relevant authority may, in
order to seize the motor vehicle from a place (other than a place referred to
in section 16(1)(a) or (b)) without the consent of the owner or occupier
of the place, apply to a magistrate for a warrant under this section.
(2) If a magistrate is
satisfied that—
(a) a
relevant authority is authorised under this Act to seize a motor vehicle; and
(b)
there are reasonable grounds to suspect that the motor vehicle is at a place,
the magistrate may issue a warrant authorising the relevant authority—
(c) to
enter the place; and
(d) to
search the place for the motor vehicle; and
(e) to
use reasonable force to break into or open any garage or other structure in
which the motor vehicle may be stored at the place; and
(f) to
seize the motor vehicle, and otherwise deal with it, in accordance with this
Act.
(3) An application
under this section for the issue of a warrant may be made either personally or
by telephone.
(4) The grounds of an
application for a warrant must be verified by affidavit.
(5) An application for
a warrant cannot be made by telephone unless, in the opinion of the applicant,
a warrant is urgently required and there is not enough time to make the
application personally.
(6) If an application
for a warrant is made by telephone—
(a) the
applicant must inform the magistrate of the purpose for which the warrant is
required and the grounds on which it is sought; and
(b) if
it appears to the magistrate from the information given by the applicant that
there are proper grounds to issue a warrant, the magistrate must inform the
applicant of the facts that justify, in the magistrate's opinion, the issue of
the warrant, and must not proceed to issue the warrant unless the applicant
undertakes to make an affidavit verifying those facts; and
(c) if
the applicant gives such an undertaking, the magistrate may then make out and
sign a warrant, noting on the warrant the facts that justify, in the
magistrate's opinion, the issue of the warrant; and
(d) the
warrant is taken to have been issued, and comes into force, when signed by the
magistrate; and
(e) the
magistrate must inform the applicant of the terms of the warrant; and
(f) the
applicant must fill out and sign a warrant form (the duplicate warrant)
that—
(i)
sets out the name of the magistrate who issued the
original and the terms of the warrant; and
(ii)
complies with any other requirements prescribed by
regulation; and
(g) the
applicant must, as soon as practicable after the issue of the warrant, forward
to the magistrate an affidavit verifying the facts referred to in
paragraph (b) and a copy of the duplicate warrant.
(7) A magistrate by
whom a warrant is issued under this section must file the warrant, or a copy
of the warrant, and the affidavit verifying the grounds on which the
application for the warrant was made, in the Magistrates Court.
(8) A
relevant authority may, in exercising powers in accordance with a warrant
issued under this section, be accompanied by such assistants as are reasonably
necessary for the purpose.
(9) A warrant issued
under this section, if not executed at the expiration of 1 month from the
date of its issue, then expires.