sec.36Issue of warrant

sec.36 Issue of warrant

The magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that it is necessary to enter the place— to protect a person receiving a funded product or service from a funded entity at the place from risk of harm because of abuse, neglect or exploitation; or to check whether a funded entity has taken the steps required to comply with a compliance notice; or for a funded entity that has received funding to deliver disability services to which the Disability Services Act 2006 applies—to check whether the funded entity has complied with a provision of that Act. However, the magistrate may issue a warrant under subsection (1) (b) or (c) only if the magistrate is satisfied noncompliance may severely affect the delivery of a funded product or service. The warrant must state— the place to which the warrant applies; and that a stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the officer’s powers under this part; and particulars of the reason it is necessary to enter the place that the magistrate considers appropriate in the circumstances; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the date and time of the warrant’s issue; and the date, within 14 days after the warrant’s issue, the warrant ends. s 36 prev s 36 om 2014 No. 12 s 8 pres s 36 amd 2014 No. 12 s 12 (sec.36-ssec.1) The magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that it is necessary to enter the place— to protect a person receiving a funded product or service from a funded entity at the place from risk of harm because of abuse, neglect or exploitation; or to check whether a funded entity has taken the steps required to comply with a compliance notice; or for a funded entity that has received funding to deliver disability services to which the Disability Services Act 2006 applies—to check whether the funded entity has complied with a provision of that Act. (sec.36-ssec.2) However, the magistrate may issue a warrant under subsection (1) (b) or (c) only if the magistrate is satisfied noncompliance may severely affect the delivery of a funded product or service. (sec.36-ssec.3) The warrant must state— the place to which the warrant applies; and that a stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the officer’s powers under this part; and particulars of the reason it is necessary to enter the place that the magistrate considers appropriate in the circumstances; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the date and time of the warrant’s issue; and the date, within 14 days after the warrant’s issue, the warrant ends.