165Search warrants

165 Search warrants

S. 165(1) amended by No. 37/2014 s. 10(Sch. item 14.2).

(1) An authorised officer or a police officer may apply to a magistrate for the issue of a search warrant in relation to a particular premises or a place if the authorised officer or the police officer believes on reasonable grounds that an offence against this Act or the regulations has been committed.

S. 165(2) amended by Nos 37/2014 s. 10(Sch. item 14.2), 6/2018 s. 68(Sch. 2 item 18).

(2) If a magistrate is satisfied, by the evidence on oath or by affirmation or by affidavit of the authorised officer or the police officer (as the case requires), that there are reasonable grounds for believing that an offence against this Act or the regulations has been committed, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an authorised officer or a police officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

(a) to enter the premises or place specified in the warrant, if necessary by force; and

S. 165(2)(b) amended by No. 37/2014 s. 10(Sch. item 14.2).

(b) to do all or any of the following—

(i) search for;

(ii) seize;

(iii) secure against interference;

(iv) examine and inspect;

(v) make copies of or take extracts from—

a thing or things of a particular kind named or described in the warrant and which the authorised officer or the police officer believes, on reasonable grounds, to be connected with the commission of an offence against this Act or the regulations.

(3) A search warrant issued under this section must state—

(a) the purpose for which the search is required; and

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

(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.