Education (Overseas Students) Act 2018
sec.58Issue of warrant
Start here
Get a plain-English read of sec.58
Turn the raw legal text into a practical explanation grounded in Education (Overseas Students) Act 2018.
sec.58 Issue of warrant
The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of— an offence against this Act; or a failure to comply as mentioned in section 31 (1) (a) . The warrant must state— the place to which the warrant applies; and that a stated authorised person or any authorised person may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised person’s powers; and particulars of the offence, or the failure to comply, that the magistrate considers appropriate; and the name of the person suspected of having committed the offence, or having failed to comply, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends. (sec.58-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of— an offence against this Act; or a failure to comply as mentioned in section 31 (1) (a) . (sec.58-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised person or any authorised person may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised person’s powers; and particulars of the offence, or the failure to comply, that the magistrate considers appropriate; and the name of the person suspected of having committed the offence, or having failed to comply, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.
- (a) an offence against this Act; or
- (b) a failure to comply as mentioned in section 31 (1) (a) .
- (a) the place to which the warrant applies; and
- (b) that a stated authorised person or any authorised person may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised person’s powers; and