Genetically Modified Organisms Control Act 2004
28UWarrant to enter premises
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28U Warrant to enter premises
(1) An authorised officer may apply to a magistrate for a warrant if –
(a) a person refuses to allow an authorised officer to enter, remain in and inspect premises or an area and the authorised officer on reasonable grounds believes that the premises or area contains or may contain a GMO or thing in respect of which an offence under this Part is being or has been committed or a document relating to the importation into the State of such a GMO or thing; or
(b) the authorised officer on reasonable grounds believes that a residence contains or may contain a GMO or thing in respect of which an offence under this Part is being or has been committed or a document relating to the importation into the State of such a GMO or thing.
(2) On receipt of an application under subsection (1) , a magistrate 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 the premises, area or residence that the authorised officer, police officers and assistants may perform and exercise in, or in respect of, any premises, area or residence lawfully entered under this Part.
(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, email or other electronic means.