Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 662

Warrants to enter residential premises

    (1)     A greenhouse gas project inspector may apply to a magistrate for a warrant authorising the greenhouse gas project inspector, with such assistance as the greenhouse gas project inspector thinks necessary, to exercise the power referred to in section 658(2)(d) in relation to particular residential premises.

    (2)     The application must be supported by an information on oath or affirmation that sets out the grounds on which the greenhouse gas project inspector is applying for the warrant.

S. 662(3) amended by No. 55/2010 s. 80(7)(a).

    (3)     If the magistrate is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may issue the warrant authorising the greenhouse gas project inspector and any assistants the inspector thinks necessary to—

S. 662(3)(a) amended by No. 55/2010 s. 80(7)(b).

        (a)     enter the residential premises or the part of residential premises named or described in the warrant; and

        (b)     exercise the power referred to in section 658(2)(d) in those residential premises or that part of the residential premises.

    (4)     In addition to any other requirement, a warrant issued under this section must state—

        (a)     the name of the greenhouse gas project inspector; and

        (b)     whether the inspection may be carried out at any time or only during specified hours of the day; and

        (c)     the day on which the warrant ceases to have effect; and

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

        (e)     the purposes for which the warrant is issued.

    (5)     The day specified under subsection (4)(c) is not to be more than 7 days after the day on which the warrant is issued.

    (6)     The purposes specified under subsection (4)(e) must include the identification of the premises in relation to which the warrant is issued.

    (7)     A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and must be in a form set out in the regulations under that Act.

    (8)     Subject to any provision to the contrary in this Act, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.



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