sec.148AMonitoring warrants for abalone or commercial fish

### sec.148A Monitoring warrants for abalone or commercial fish An inspector may apply to a magistrate for a warrant under this section for a place, other than a place, or part of a place used exclusively as a person’s residence, if the inspector is reasonably satisfied— abalone or commercial fish are in the place; and it is necessary for the inspector to enter the place to find out if this Act is being complied with in relation to abalone or commercial fish. The application must be sworn and state the grounds on which the warrant is sought. The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. The magistrate may issue the warrant only if the magistrate is satisfied it is reasonably necessary that the inspector or another inspector should have access to the place for the purpose of finding out whether this Act is being complied with in relation to abalone or commercial fish. The warrant must state— that an inspector may, with necessary and reasonable help and force— enter, and from time to time re-enter, the place; and exercise an inspector’s powers under this part; and the purpose for which the warrant is sought; and the hours of the day or night when the place may be entered; and any conditions imposed by the magistrate; and the date, within 2 months after the warrant’s issue, the warrant ends. The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant. In this section— commercial fish means fish taken or possessed in trade or commerce. s 148A ins 1999 No. 45 s 27 amd 2019 No. 6 s 11 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.148A-ssec.1) An inspector may apply to a magistrate for a warrant under this section for a place, other than a place, or part of a place used exclusively as a person’s residence, if the inspector is reasonably satisfied— abalone or commercial fish are in the place; and it is necessary for the inspector to enter the place to find out if this Act is being complied with in relation to abalone or commercial fish. (sec.148A-ssec.2) The application must be sworn and state the grounds on which the warrant is sought. (sec.148A-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. (sec.148A-ssec.4) The magistrate may issue the warrant only if the magistrate is satisfied it is reasonably necessary that the inspector or another inspector should have access to the place for the purpose of finding out whether this Act is being complied with in relation to abalone or commercial fish. (sec.148A-ssec.5) The warrant must state— that an inspector may, with necessary and reasonable help and force— enter, and from time to time re-enter, the place; and exercise an inspector’s powers under this part; and the purpose for which the warrant is sought; and the hours of the day or night when the place may be entered; and any conditions imposed by the magistrate; and the date, within 2 months after the warrant’s issue, the warrant ends. The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant. (sec.148A-ssec.6) In this section— commercial fish means fish taken or possessed in trade or commerce. - (a) abalone or commercial fish are in the place; and - (b) it is necessary for the inspector to enter the place to find out if this Act is being complied with in relation to abalone or commercial fish. - (a) that an inspector may, with necessary and reasonable help and force— (i) enter, and from time to time re-enter, the place; and (ii) exercise an inspector’s powers under this part; and - (i) enter, and from time to time re-enter, the place; and - (ii) exercise an inspector’s powers under this part; and - (b) the purpose for which the warrant is sought; and - (c) the hours of the day or night when the place may be entered; and - (d) any conditions imposed by the magistrate; and - (e) the date, within 2 months after the warrant’s issue, the warrant ends. Examples for paragraph (d) — 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant. - 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. - 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant. - (i) enter, and from time to time re-enter, the place; and - (ii) exercise an inspector’s powers under this part; and - 1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force. - 2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.