40CArrest and removal order—warrant to enter premises

40C Arrest and removal order—warrant to enter premises (1) This section applies if a magistrate makes an arrest and removal order in relation to a suspect. (2) An authorised applicant may apply to a magistrate for a warrant to enter premises to arrest the suspect. (3) The application must be sworn and state the grounds on which the warrant is sought. Note Swear an oath includes make an affirmation (see Legislation Act, dict, pt 1, def swear). (4) The magistrate may refuse to consider the application until the authorised applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (5) The magistrate may issue a warrant only if satisfied on reasonable grounds that the warrant is necessary to enable the arrest of the suspect. (6) The warrant must state— (a) that a police officer may, with any necessary assistance and force, enter the premises to arrest the suspect; and (b) the hours when the premises may be entered; and (c) the date (within 7 days after the day the warrant is issued) that the warrant ends.

(7) An authorised applicant may apply for a warrant in relation to a suspect— (a) when the authorised applicant applies for an arrest and removal order in relation to the suspect; or (b) at any time after a magistrate has made an arrest and removal order in relation to the suspect.