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Firearms Act 1996
211Warrants generally
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211 Warrants generally
(1) A police officer 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.
Note Swear an oath includes make an affirmation (see Legislation Act, dict,
pt 1, def swear).
(3) The magistrate may refuse to consider the application until the police
officer 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 (including a firearm) or activity
connected with an offence against this Act; and
(b) the thing or activity—
(i) is, or is being engaged in, at the premises; or
(ii) may be, or may be engaged in, at the premises within the
next 7 days.
(5) The magistrate may also issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a firearm that is unsafe to use; and
(b) the firearm—
(i) is at the premises; or
(ii) may be at the premises within the next 7 days.
Search warrants Division 14.3
(6) The warrant must state—
(a) that a police officer may, with any necessary assistance and
force, enter stated premises and exercise the officer’s powers
under this part; and
(b) the reason 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 7 days after the day of the warrant’s issue, the
warrant ends.
(7) In this section:
connected—an activity is connected with an offence if—
(a) the offence has been committed by engaging or not engaging in
it; or
(b) it will provide evidence of the commission of the offence.