16Issue of search warrants

16 Issue of search warrants

(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place (whether or not it is, or is believed to be, an equipment site) if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations.

S. 16(2) amended by No. 6/2018 s. 68(Sch. 2 item 49).

(2) A magistrate may issue the search warrant if he or she is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations.

(3) The search warrant may authorise a named inspector and any assistants the inspector considers necessary—

(a) to enter the place or part of the place named or described in the warrant; and

(b) to search for the thing named or described in the warrant.

(4) In addition to any other requirement, the search warrant must state—

(a) the offence suspected; and

(b) the place to be searched; and

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

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

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

(f) that the warrant authorises entry on only one occasion; and

(g) a day, not later than 7 days after the day the warrant is issued, on which it ceases to have effect.

(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form required under that Act.

(6) The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants under this section.

(7) Despite section 5, a search warrant may authorise an inspector to search a place that is a workplace within the meaning of the Occupational Health and Safety Act 2004.

S. 16A inserted by No. 31/2005 s. 27.