29EApplication for warrant

29E Application for warrant

(1) An authorised officer may apply to a magistrate for a warrant in relation to any premises or place if the authorised officer believes on reasonable grounds that—

(a) entry to the premises or place is necessary to investigate whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or

(b) entry to the premises or place is necessary to investigate whether a person or body is an entity that is required to comply with the Child Safe Standards; or

(c) activities are being engaged in, or have been engaged in, at the premises or place that contravene the Child Safe Standards or this Part; or

(d) documents or other things relevant to the possible contravention of the Child Safe Standards or this Part may be, or within 72 hours may be, present at the premises or place.

(2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or by affirmation, that there are reasonable grounds to believe that entry to the premises or place is necessary on the grounds on which issue of the warrant is sought.

(3) A warrant issued under subsection (2) may authorise an authorised officer, with necessary and reasonable help and force—

(a) to enter the premises or place, or any specified part of the premises or place, on one occasion; and

(b) to search for and seize a document or thing specified in the warrant; and

(c) to seize any other document or thing, or to copy or take an extract from any document, that the authorised officer reasonably believes is relevant to a possible contravention of the Child Safe Standards or this Part.

(4) A warrant issued under subsection (2) must state—

(a) the purpose for which the warrant is issued; and

(b) the premises or place to be entered under the warrant; and

(c) any document or thing that may be seized under the warrant; and

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

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

(f) the day, within 7 days of the issue of the warrant, on which the warrant ceases to have effect; and

(g) that the warrant is issued in accordance with the Magistrates' Court Act 1989.

(5) Subject to this section, the rules that apply to search warrants under the Magistrates' Court Act 1989 extend and apply to a warrant issued under this section.

(6) Section 78(1)(b)(iii) of the Magistrates' Court Act 1989 does not apply to a warrant issued under this section.