sec.28Issue of warrant

sec.28 Issue of warrant

The magistrate may issue a warrant for the place only under subsection (2) or (3) . The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that 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 primary Act. Also, the magistrate may issue a warrant for the place for the purpose of the inspector’s performance of the function mentioned in section 12 (1) (a) at the place if— the place is a place mentioned in section 22 (1) (b) or (d) ; and the magistrate is satisfied it is reasonably necessary that the inspector should have access to the place for the purpose of effectively performing the function at the place. The magistrate may be satisfied under paragraph (b) if the inspector has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful. The warrant must state— the place to which the warrant applies; and that a stated inspector or any inspector may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the inspector’s powers; and particulars of the offence or other circumstances that the magistrate considers appropriate; and if the warrant is issued under subsection (2) —the name of the person suspected of having committed the offence 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. Subsection (3) does not limit the powers that an inspector can exercise in the absence of a warrant. (sec.28-ssec.1) The magistrate may issue a warrant for the place only under subsection (2) or (3) . (sec.28-ssec.2) The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that 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 primary Act. (sec.28-ssec.3) Also, the magistrate may issue a warrant for the place for the purpose of the inspector’s performance of the function mentioned in section 12 (1) (a) at the place if— the place is a place mentioned in section 22 (1) (b) or (d) ; and the magistrate is satisfied it is reasonably necessary that the inspector should have access to the place for the purpose of effectively performing the function at the place. The magistrate may be satisfied under paragraph (b) if the inspector has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful. (sec.28-ssec.4) The warrant must state— the place to which the warrant applies; and that a stated inspector or any inspector may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the inspector’s powers; and particulars of the offence or other circumstances that the magistrate considers appropriate; and if the warrant is issued under subsection (2) —the name of the person suspected of having committed the offence 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.28-ssec.5) Subsection (3) does not limit the powers that an inspector can exercise in the absence of a warrant.