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Fair Trading (Australian Consumer Law) Act 1992
41Warrants
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41 Warrants
(1) An investigator may apply to a magistrate for a warrant to enter
premises.
(2) The application must be sworn and state the grounds on which the
warrant is sought.
(3) The magistrate may refuse to consider the application until the
investigator gives the magistrate all the information the magistrate
requires about the application in the way the magistrate requires.
(4) The magistrate may issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a particular thing or activity connected with an offence
against the fair trading legislation; and
(b) the thing or activity is at or happening at the premises, or may
be at or happening at the premises within the next 14 days.
(5) The warrant must state—
(a) that an investigator may, with necessary help and force, enter
the premises and exercise the investigator’s powers under this
division; and
(b) the offence for which the warrant is issued; and
(c) the things that may be seized under the warrant; and
(d) the hours when the premises may be entered; and
(e) the date, within 14 days after the warrant’s issue, the warrant
ends.