24Warrant to enter premises

24 Warrant to enter premises

(1)  If a person refuses to allow an authorised officer to enter, remain in and inspect premises or an area that the authorised officer on reasonable grounds believes, or if an authorised officer on reasonable grounds believes that a residence –

(a) [Section 24 Subsection (1) amended by No. 44 of 2007, s. 18, Applied:13 Nov 2007] are or is being used for the purposes of a dealing with a GMO or anything that contains or may contain a GMO; or

(b) [Section 24 Subsection (1) amended by No. 44 of 2007, s. 18, Applied:13 Nov 2007] may contain any documents relating to a dealing with a GMO or anything that contains or may contain a GMO –

the authorised officer may apply to a justice for a warrant.

(2)  On receipt of an application under subsection (1) , a justice may issue a warrant if satisfied, by information on oath –

(a) that a person has refused to allow an authorised officer to enter, remain in and inspect the premises or area; or

(b) that the authorised officer has reasonable grounds for the belief referred to in that subsection in relation to the residence.

(3)  A warrant authorises an authorised officer and such police officers and other assistants as the authorised officer considers appropriate, using such force as is reasonable –

(a) to enter, remain in and inspect the premises, area or residence specified in the warrant; and

(b) to perform and exercise any functions and powers in those premises or that area or residence that the authorised officer, police officers and assistants may perform and exercise in, or in respect of, any premises or area lawfully entered under section 20 .

(4)  An application for a warrant –

(a) may be in a written form approved and provided by the Secretary; or

(b) if the justice is satisfied that the circumstances are urgent or that the delay resulting from a written application would frustrate the effective execution of the warrant, may be made by telephone, telex, facsimile, e-mail or other electronic means.