42Warrant to enter premises

42 Warrant to enter premises

(1)  If a person refuses to allow an authorised officer to enter, remain in and inspect premises that the authorised officer, on reasonable grounds, believes –

(a) are being or may be used for the provision of child care or the operation or provision of a child care service; or

(b) are premises in which any documents relating to the provision of child care or the operation or provision of a child care service are or may be kept –

the authorised officer may apply to a justice of the peace for a warrant.

(2)  On receipt of an application under subsection (1) , a justice of the peace may issue a warrant if satisfied, by information on oath, that a person has refused to allow an authorised officer to enter, remain in and inspect premises of a kind referred to in that subsection and that the authorised officer has reasonable grounds for the belief referred to in that subsection.

(3)  A warrant authorises an authorised officer and such police officers and other assistants as the authorised officer considers appropriate, using such force as is reasonable –

(a) to enter, remain in and inspect the premises specified in the warrant; and

(b) to perform and exercise any functions and powers the authorised officer and assistants may perform and exercise in, or in respect of, any premises lawfully entered under section 38 .

(4)  An application for a warrant –

(a) may be in a written form approved and provided by the Secretary; or

(b) if the justice of the peace is satisfied that the circumstances are urgent or that the delay resulting from a written application would frustrate the effective execution of the warrant, may be made by telephone, telex, facsimile, e-mail or other electronic means.

(5)  Section 15 of the Search Warrants Act 1997 applies, with necessary modifications and adaptations, in respect of an application under subsection (4) and a warrant issued as a result of such an application.