Victorian Current Acts

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PLANT BIOSECURITY ACT 2010 - SECT 90

Application for warrants for access to residences

    (1)     An inspector, with the written approval of the Secretary, may apply to a magistrate for the issue of a warrant in relation to particular residential premises if the inspector cannot reasonably gain access by other means to a place where entry is reasonably necessary to monitor for pests or diseases or exotic pests or diseases except through that premises.

    (2)     If a magistrate is satisfied that there are reasonable grounds to believe that there is no other means by which to reasonably gain access to a place where entry is reasonably necessary to monitor for pests or diseases or exotic pests or diseases except through that residential premises, the magistrate may issue a warrant, in accordance with the Magistrates' Court Act 1989 , authorising an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

        (a)     to enter the premises specified in the warrant, if necessary by force; and

        (b)     use the residential premises to access the place where entry is reasonably necessary to monitor for pests or diseases or exotic pests or diseases.



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