Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) an information on oath is laid before a magistrate alleging that an inspector suspects on reasonable grounds that there may be on any land, or on or in any premises, vessel, aircraft, space object or vehicle:
(i) anything in respect of which an offence against this Act has been committed; or
(ii) anything that may afford evidence about the commission of an offence against this Act; or
(iii) anything that was used, or is intended to be used, for the purpose of committing an offence against this Act; and
(b) the information sets out those grounds;
the magistrate may issue a search warrant authorising an inspector named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to enter the land, premises, vessel, aircraft, space object or vehicle and exercise the powers referred to in paragraphs 272(2)(b), (c) and (d) in respect of the thing.
(2) The magistrate is not to issue the warrant unless:
(a) the informant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3) There must be stated in the warrant:
(a) the purpose for which the warrant is issued, and the nature of the offence in relation to which the entry and search are authorised; and
(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) a description of the kind of things to be seized; and
(d) a day, not later than 7 days after the day of issue of the warrant, upon which the warrant ceases to have effect.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback