135Enforcement warrants

135 Enforcement warrants

(1) A marine safety inspector may apply to a magistrate for a warrant under this section in relation to premises.

(2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises.

(3) However, the magistrate must not issue the warrant unless the marine safety 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) describe the premises to which the warrant relates; and

(b) state that the warrant is issued under this section; and

(c) specify the offence or offences to which the warrant relates; and

(d) specify the kind of evidential material that is to be searched for under the warrant; and

(e) name one or more marine safety inspectors; and

(f) authorise the inspector or inspectors so named:

(i) to enter the premises; and

(ii) to exercise the powers set out in sections 103, 105, 106 and 107, Division 5 and section 130 in relation to the premises; and

(g) state whether the entry is authorised to be made at any time of the day or during specified hours of the day; and

(h) specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.