189Search warrant

189 Search warrant

(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to any premises at which a person is conducting an accident towing service business, or a business of repairing accident damaged motor vehicles, if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises, evidence of the commission of an offence against this Act, regulations made under this Act or a service standard.

(2) If a magistrate is satisfied that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on any premises at which the person is conducting an accident towing service business, or a business of repairing accident damaged motor vehicles, a thing or things of a particular kind that may be evidence of the commission of an offence against this Act, regulations made under this Act or a service standard, the magistrate may issue a search warrant authorising an inspector named in the warrant and any assistants the inspector considers necessary—

(a) to enter the premises, or the part of premises, named or described in the warrant; and

(b) to search for and seize any thing named or described in the warrant.

(3) In addition to any other requirement, a search warrant issued under this section must state—

(a) the offence suspected; and

(b) the premises to be searched; and

(c) a description of the thing for which the search is to be made; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be made at any time or during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in regulations made under that Act.

(5) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise an inspector to arrest a person.

(6) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.