Div 10Warrants

Division 10—Warrants 172—Monitoring warrants (1) An inspector may apply to a magistrate for a warrant under this section in relation to premises. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by evidence on oath, that it is reasonably necessary that one or more inspectors should have access to the premises for the purposes of finding out whether this Act or the regulations have been complied with. (3) The magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought. (4) The warrant must— (a) authorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable— (i) to enter the premises; and (ii) to exercise the powers set out in section 153 in relation to the premises; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than six months after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. 173—Offence-related warrants (1) An inspector may apply to a magistrate for a warrant under this section in relation to premises. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by evidence on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material in or on the premises. (3) The magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought. (4) The warrant must— (a) name one or more inspectors; and (b) authorise the inspectors so named, with such assistance and by such force as is necessary and reasonable— (i) to enter the premises; and (ii) to exercise the powers set out in sections 154(3) and 155; and (iii) to seize the evidential material; and (c) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (d) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and (e) state the purpose for which the warrant is issued. 174—Offence-related warrants by telephone, telex, fax etc (1) If, in an urgent case, an inspector considers it necessary to do so, the inspector may apply to a magistrate by telephone, telex, fax or other electronic means for a warrant under section 173 in relation to premises. (2) The magistrate may require communication by voice to the extent that it is practicable in the circumstances. (3) Before applying for the warrant, the inspector must prepare an affidavit in relation to the premises that sets out the grounds on which the warrant is sought. (4) If it is necessary to do so, the inspector may apply for the warrant before the affidavit is sworn. (5) If the magistrate is satisfied— (a) after having considered the terms of the affidavit; and (b) after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought, that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 173 if the application had been made under that section. (6) If the magistrate completes and signs the warrant— (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the day on which and the time at which the warrant was signed; and (iii) tell the inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and (iv) record on the warrant the reasons for issuing the warrant; and (b) the inspector must— (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (ii) write on the form the name of the magistrate and the day on which and the time at which the warrant was signed. (7) The inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate— (a) the form of warrant completed by the inspector; and (b) the affidavit referred to in subsection (3), which must have been duly sworn. (8) When the magistrate receives those documents, the magistrate must— (a) attach them to the warrant that the magistrate completed and signed; and (b) deal with them in the way in which the magistrate would have dealt with the affidavit if the application had been made under section 173. (9) A form of warrant duly completed under subsection (6) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises. (10) If— (a) it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and (b) the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence, the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant. (11) A reference in this Part to a warrant under section 173 includes a reference to a warrant signed by a magistrate under this section. 175—Offences relating to warrants (1) An inspector must not make, in an application for a warrant, a statement that the inspector knows to be false or misleading in a material particular. (2) An inspector must not— (a) state in a document that purports to be a form of warrant under section 174 the name of a magistrate unless that magistrate issued the warrant; or (b) state on a form of warrant under that section a matter that, to the inspector's knowledge, departs in a material particular from the form authorised by the magistrate; or (c) purport to execute, or present to another person, a document that purports to be a form of warrant under that section that the inspector knows— (i) has not been approved by a magistrate under that section; or (ii) departs in a material particular from the terms authorised by a magistrate under that section; or (d) give to a magistrate a form of warrant under that section that is not the form of warrant that the inspector purported to execute.