41Issuing of inspection warrants

41 Issuing of inspection warrants

(1) If an authorised officer has reasonable grounds for believing that premises are: (a) premises where bountiable fuel ethanol has been, is being, or is intended to be, produced; or (b) premises where an activity in relation to the production of bountiable fuel ethanol is taking place or is intended to take place; or (c) premises where there are kept any accounts or other documents relating to an activity in respect of the production of bountiable fuel ethanol; the authorised officer may apply to a magistrate for a warrant authorising the authorised officer to: (d) enter the premises; and (e) exercise inspection powers in relation to those premises. (2) A magistrate must issue a warrant on an application under subsection (1) if the magistrate is satisfied, by information on oath or affirmation, that: (a) there are reasonable grounds for believing that the premises to which the application relates are premises referred to in paragraph (1)(a), (b) or (c); and (b) those premises are not premises that may be entered under subsection 39(1); and (c) the occupier of the premises has not given consent for the authorised officer to enter the premises and exercise the inspection powers of an authorised officer in relation to those premises under paragraph 40(1)(a). (3) A magistrate must not issue a warrant unless an authorised officer has given the magistrate, either orally (on oath or affirmation) or by affidavit, any other information the magistrate may require about the grounds on which the issue of the warrant is being sought. (4) A warrant issued under this Division must: (a) describe the premises to which the warrant relates; and (b) state the inspection powers of an authorised officer; and (c) state the name of the authorised officer responsible for executing the warrant; and (d) state the period for which the warrant remains in force, which must not be more than 7 days; and (e) state whether the warrant may be executed at any time or at particular hours. (5) Paragraph (4)(d) does not prevent the issue of successive warrants in relation to the same premises.