Classification of Publications Act 1991
sec.26Offence related warrants
Start here
Get a plain-English read of sec.26
Turn the raw legal text into a practical explanation grounded in Classification of Publications Act 1991.
sec.26 Offence related warrants
An inspector may apply to a magistrate for a warrant under this section in relation to a particular place. Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in or on the place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act. If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. The warrant must— authorise the inspector, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 24 ; and to seize the evidence; and state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purposes for which the warrant is issued. (sec.26-ssec.1) An inspector may apply to a magistrate for a warrant under this section in relation to a particular place. (sec.26-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in or on the place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act. (sec.26-ssec.3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. (sec.26-ssec.4) The warrant must— authorise the inspector, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 24 ; and to seize the evidence; and state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purposes for which the warrant is issued.
- (a) authorise the inspector, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 24 ; and (iii) to seize the evidence; and