South Australian Repealed Acts

This legislation has been repealed.

TRADE MEASUREMENT ADMINISTRATION ACT 1993 - SECT 15

15—Search warrants

        (1)         An inspector may apply to a magistrate for the issue of a search warrant in respect of any premises.

        (2)         If a magistrate to whom application for a search warrant under subsection (1) is made is satisfied that the inspector reasonably believes that in the premises to which the application relates there is anything with respect to which an offence against the principal Act is being or has been committed, or with respect to which the inspector may exercise a function conferred on him or her under the principal Act, the magistrate may, subject to subsection (5), issue a search warrant directed to the inspector to enter the premises specified in the warrant for the purpose of exercising therein the powers conferred on an inspector under the principal Act.

        (3)         A search warrant remains in force for the period of one month from the date of its issue and is lawful authority for the inspector to whom it is directed—

            (a)         to enter the premises specified in the search warrant using such force as is reasonably necessary for the purpose; and

            (b)         to exercise therein the powers conferred on an inspector under the principal Act.

        (4)         An inspector executing a search warrant must produce the warrant for inspection by the occupier of the premises if requested by that occupier to do so.

        (5)         A magistrate is not to issue a search warrant under subsection (1) unless—

            (a)         the application for the warrant is made on oath or affirmation and sets out the grounds on which the inspector's suspicion is based; and

            (b)         the magistrate has been furnished (by the inspector or other person) with such further information relating to those grounds as the magistrate requires; and

            (c)         the magistrate is satisfied that the issue of the search warrant is justified.

        (6)         A magistrate who issues a search warrant under subsection (1) is to cause to be made (on the warrant or otherwise) a record of the matters of fact on which the magistrate has relied to justify the issue of the warrant.