Commonwealth Numbered Acts

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Issue of warrants

Application for warrant

             (1)  An authorised officer may apply to an issuing officer for a warrant under this section in relation to premises.

Issue of warrant

             (2)  The issuing officer may issue the warrant if the issuing officer 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 issuing officer must not issue the warrant unless the authorised officer or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

             (4)  The 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 Division; and

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

                     (e)  state that the evidential material specified, and any other evidential material found in the course of executing the warrant, may be seized under the warrant; and

                      (f)  name one or more authorised officers; and

                     (g)  authorise the authorised officers named in the warrant:

                              (i)  to enter the premises; and

                             (ii)  to exercise the powers set out in this Part in relation to the premises; and

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

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

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