Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69EHA

Application for warrant

  (1)   An inspector may apply to a magistrate for an investigation warrant under this section in relation to premises.

Issue of warrant

  (2)   The magistrate may issue the investigation warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises.

  (3)   However, the magistrate must not issue the investigation warrant unless the inspector 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.

Content of warrant

  (4)   The investigation warrant must:

  (a)   state the offence or offences, or civil penalty provision or civil penalty provisions, to which the warrant relates; and

  (b)   describe the premises to which the warrant relates; and

  (c)   state that the warrant is issued under this section; and

  (d)   specify the kinds of evidential material that are to be searched for under the warrant; and

  (e)   state that the evidential material specified may be seized under the warrant; and

  (f)   state that any thing found in the course of executing the warrant that the person executing the warrant believes on reasonable grounds to be evidence of one or more of the following:

  (i)   the commission of an offence against this Act or the Collection Act;

  (ii)   the contravention of a civil penalty provision;

  (iii)   an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act;

    may be seized under the warrant; and

  (g)   name one or more inspectors; and

  (h)   authorise the inspectors named in the warrant:

  (i)   to enter the premises; and

  (ii)   to exercise the powers set out in Divisions   2, 3 and 4 of this Part   in relation to the premises; and

  (i)   state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

  (j)   specify the day (not more than 1 week after the issue of the warrant) the warrant ceases to be in force.

  (5)   If the application for the warrant is made under section   69EHB, this section applies as if:

  (a)   subsection   (2) referred to 48 hours rather than 72 hours; and

  (b)   paragraph   (4)(j) required the warrant to specify the period for which the warrant is to remain in force, which must not be more than 48 hours.