Marine Safety Regulations 2023
Sch 5Search and seizure warrant
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Schedule 5—Search and seizure warrant
Regulation 82
| Court Ref. |
|---|
This warrant is issued for the purpose of searching for and seizing the recreational vessel described.
Description of vessel authorised for seizure:
• Identification mark (if known):
• Hull identification number (if known):
• Make, model, type and colour of vessel:
Premises which may be searched for vessel:
Number and name of street and suburb or other description of premises:
Grounds for issue of warrant:
Reasonable grounds for believing that recreational vessel described above—
🞏 is
🞏 may be within the next 72 hours—
in or on the premises described.
This warrant is issued to the following member(s) of the police force—
• Name:
• Rank number:
• Agency and address:
This warrant authorises the member(s) of the police force named, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to—
🞏 enter the premises described;
🞏 use reasonable force to break into or open any structure on the premises described above that may store the vessel described;
🞏 search for and seize the vessel described.
This warrant also authorises the member(s) of the police force named, or a person assisting that member or those members, to seize and impound or immobilise the vessel described in this warrant.
Nothing in this warrant authorises the seizure of property not described in this warrant or the arrest of a person.
This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of one month after its issue or when it is executed, whichever occurs first.
The person who executes this warrant must announce that he or she is authorised by the warrant to enter the premises and must give any person at the premises an opportunity to allow entry to the premises before force is used to enter.
If the occupier is present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to the occupier and give the occupier a copy of the warrant. If the occupier is not present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to any other person at the premises and give that person a copy of the warrant.