50Warrant to enter premises

50 Warrant to enter premises

(1)  [Section 50 Subsection (1) amended by No. 20 of 2013, s. 68, Applied:20 Jun 2013] If a person refuses to allow an authorised officer to enter, remain in and inspect premises that the authorised officer may lawfully enter under this Act, the authorised officer may apply to a magistrate for a warrant.

(2)  [Section 50 Subsection (2) amended by No. 20 of 2013, s. 68, Applied:20 Jun 2013] On receipt of an application under subsection (1) , a magistrate may issue a warrant if satisfied, by information on oath, that a person has refused to allow an authorised officer to enter, remain in and inspect premises and that the authorised officer has reasonable grounds to believe that –

(a) a licensed motor vehicle trader or other person is dealing in motor vehicles at those premises; or

(b) a document relating to dealing in motor vehicles is or may be on those premises.

(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 specified in the warrant; and

(b) to perform and exercise any functions and powers the authorised officer and assistants may perform and exercise in, or in respect of, any premises lawfully entered under this Act.

(4)  An application for a warrant –

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

(b) [Section 50 Subsection (4) amended by No. 20 of 2013, s. 68, Applied:20 Jun 2013] if the magistrate 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.

(5)  Section 15 of the applies, with necessary modifications and adaptations, in respect of an application under and a warrant issued as a result of such an application.