Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 412

412 .         Warrants

        (1)         An inspector may apply to a magistrate for a warrant to enter a place.

        (2)         The application must be sworn and state the grounds on which the warrant is sought.

        (3)         The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

        (4)         The magistrate may issue the warrant only if satisfied there are reasonable grounds —

            (a)         for suspecting the affairs or activities of a co-operative are being managed or conducted at the place; or

            (b)         for suspecting there are relevant documents at the place; or

            (c)         for suspecting —

                  (i)         there is a particular thing or activity that may provide evidence of an offence against this Act; and

                  (ii)         that thing or activity is at the place, or may be at the place, within the next 7 days.

        (5)         The warrant must state —

            (a)         that the inspector may, with reasonable and necessary help and force, enter the place and exercise the inspector’s powers under this Act; and

            (b)         the suspected offence (if any)for which the warrant was issued; and

            (c)         any evidence that may be seized under the warrant; and

            (d)         the hours when the place may be entered; and

            (e)         the date, within 7 days after the warrant’s issue, when the warrant ends.

        [Section 412 amended: No. 7 of 2016 s. 157.]



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