Western Australian Repealed Acts

This legislation has been repealed.

MEDICAL ACT 1894 - SECT 12F

12F .         Warrant to enter premises

        (1)         If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a matter that may involve a threat to the physical or mental health of a person the investigator may apply to a magistrate for a warrant to be issued in respect of those premises.

        (2)         An application for a warrant must —

            (a)         be in writing;

            (b)         be accompanied by a notice in writing from the Board stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating the matter that may involve a threat to the physical or mental health of a person;

            (c)         set out the grounds for seeking the warrant; and

            (d)         describe the premises that are to be entered.

        (3)         A magistrate to whom an application is made under this section must refuse it if —

            (a)         the application does not comply with the requirements of this Act; or

            (b)         when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application.

        (4)         The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit.

        [Section 12F inserted by No. 55 of 2004 s. 728.]