sec.273Issue of warrant

### sec.273 Issue of warrant The magistrate may issue a warrant for the place only under subsection (2) or (3) . The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that— there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act; or there is a biosecurity risk at the place. Also, the magistrate may issue a warrant for the place for the purpose of the authorised officer’s performance of the function mentioned in section 256 (1) (a) or (b) at the place if— the place is a place mentioned in section 259 (1) (b) or (d) or a place to which section 259 (1) (e) applies; and the magistrate is satisfied it is reasonably necessary that the authorised officer should have access to the place for the purpose of effectively performing the function at the place. The magistrate may be satisfied under paragraph (b) if the authorised officer has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful. The warrant must state— the place to which the warrant applies; and that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised officer’s powers; and particulars of the offence, biosecurity risk or other circumstances that the magistrate considers appropriate; and if the warrant is issued under subsection (2) , the name of the person suspected of having committed the offence or who caused the biosecurity risk or allowed the biosecurity risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and whether the authorised officer may exercise powers under section 320 ; and if the authorised officer may exercise powers under section 320 , the person, if any, who is to pay the costs incurred by the authorised officer in exercising the powers; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends. If the warrant relates to a biosecurity risk, the warrant may also state that an authorised officer may re-enter the place to check compliance with a biosecurity order issued as a result of the authorised officer’s entry of the place under the warrant. To the extent that the warrant allows for re-entry of the place, it ends on the earlier of the following days— the day that is 7 days after the end of the period stated in the biosecurity order for completing the steps stated in the order; the day stated in the warrant. s 273 amd 2024 No. 17 s 103 (sec.273-ssec.1) The magistrate may issue a warrant for the place only under subsection (2) or (3) . (sec.273-ssec.2) The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that— there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act; or there is a biosecurity risk at the place. (sec.273-ssec.3) Also, the magistrate may issue a warrant for the place for the purpose of the authorised officer’s performance of the function mentioned in section 256 (1) (a) or (b) at the place if— the place is a place mentioned in section 259 (1) (b) or (d) or a place to which section 259 (1) (e) applies; and the magistrate is satisfied it is reasonably necessary that the authorised officer should have access to the place for the purpose of effectively performing the function at the place. The magistrate may be satisfied under paragraph (b) if the authorised officer has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful. (sec.273-ssec.4) The warrant must state— the place to which the warrant applies; and that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised officer’s powers; and particulars of the offence, biosecurity risk or other circumstances that the magistrate considers appropriate; and if the warrant is issued under subsection (2) , the name of the person suspected of having committed the offence or who caused the biosecurity risk or allowed the biosecurity risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and whether the authorised officer may exercise powers under section 320 ; and if the authorised officer may exercise powers under section 320 , the person, if any, who is to pay the costs incurred by the authorised officer in exercising the powers; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends. (sec.273-ssec.5) If the warrant relates to a biosecurity risk, the warrant may also state that an authorised officer may re-enter the place to check compliance with a biosecurity order issued as a result of the authorised officer’s entry of the place under the warrant. (sec.273-ssec.6) To the extent that the warrant allows for re-entry of the place, it ends on the earlier of the following days— the day that is 7 days after the end of the period stated in the biosecurity order for completing the steps stated in the order; the day stated in the warrant. - (a) there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act; or - (b) there is a biosecurity risk at the place. - (a) the place is a place mentioned in section 259 (1) (b) or (d) or a place to which section 259 (1) (e) applies; and - (b) the magistrate is satisfied it is reasonably necessary that the authorised officer should have access to the place for the purpose of effectively performing the function at the place. Example for paragraph (b) — The magistrate may be satisfied under paragraph (b) if the authorised officer has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful. - (a) the place to which the warrant applies; and - (b) that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised officer’s powers; and - (i) enter the place and any other place necessary for entry to the place; and - (ii) exercise the authorised officer’s powers; and - (c) particulars of the offence, biosecurity risk or other circumstances that the magistrate considers appropriate; and - (d) if the warrant is issued under subsection (2) , the name of the person suspected of having committed the offence or who caused the biosecurity risk or allowed the biosecurity risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and - (e) the evidence that may be seized under the warrant; and - (f) whether the authorised officer may exercise powers under section 320 ; and - (g) if the authorised officer may exercise powers under section 320 , the person, if any, who is to pay the costs incurred by the authorised officer in exercising the powers; and - (h) the hours of the day or night when the place may be entered; and - (i) the magistrate’s name; and - (j) the day and time of the warrant’s issue; and - (k) except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends. - (i) enter the place and any other place necessary for entry to the place; and - (ii) exercise the authorised officer’s powers; and - (a) the day that is 7 days after the end of the period stated in the biosecurity order for completing the steps stated in the order; - (b) the day stated in the warrant.