141Issue of search warrant

141 Issue of search warrant

(1) An authorised officer may apply to a magistrate for the issue of a search warrant for a place, a motor vehicle or a non-cash payment processing device if the officer believes on reasonable grounds that there is, or may be within the next 72 hours, in the place or in or on the vehicle or device, evidence of the commission of an offence against an industry law.

(2) If a magistrate is satisfied that there are reasonable grounds for the belief referred to in subsection (1), the magistrate may issue a search warrant authorising an authorised officer named in the warrant, and any assistants the officer considers necessary—

(a) to enter the place named or described in the warrant (if any); or

(b) to enter a motor vehicle—

(i) named or described in the warrant; or

(ii) at the place named or described in the warrant (if any); or

(c) to inspect a motor vehicle or non-cash payment processing device—

(i) named or described in the warrant; or

(ii) at the place named or described in the warrant (if any); or

(d) to search a place or vehicle referred to in this subsection for any thing named or described in the warrant and to seize any such thing.

Notes

1 Division 5 confers further powers on the authorised officer.

2 A thing would include a document which is defined in section 38 of the Interpretation of Legislation Act 1984.

(3) In addition to any other requirement, a search warrant issued under this section must—

(a) state the offence suspected; and

(b) state the name of, or describe—

(i) the place or motor vehicle to be searched; or

(ii) the motor vehicle or non-cash payment processing device to be inspected; and

(c) include a description of the thing or information for which the search is to be made; and

(d) state the conditions to which the warrant is subject (if any); and

(e) state whether entry is authorised to be made at any time or during stated hours; and

(f) state a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the regulations under that Act.

(5) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise an authorised officer to arrest a person.

(6) Subject to any provision to the contrary in this Part, the rules to be observed with respect to search warrants mentioned in the extend and apply to warrants under this section.