VICIn ForceAct
Gas Industry Act 2001
216Search warrant
Start here
Get a plain-English read of 216
Turn the raw legal text into a practical explanation grounded in Gas Industry Act 2001.
216 Search warrant
(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Part.
S. 216(2) amended by No. 6/2018 s. 68(Sch. 2 item 60).
(2) A magistrate may issue a search warrant under this section if the magistrate 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 the next 72 hours, on land or premises a particular thing that may be evidence of the commission of an offence against this Part.
(3) The search warrant may authorise an inspector named in the warrant and any assistants the inspector considers necessary—
(a) to enter the land or premises, or part of the land or premises, 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, a search warrant issued under this section must state—
(a) the offence suspected; and
(b) the land or premises 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 stated hours; and
(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.
(5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.
(6) The rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section.