44AWarrants for searches of land or premises

##### 44A Warrants for searches of land or premises (1) If: (a) an information on oath is laid before a magistrate alleging that a warden suspects on reasonable grounds that there may be, in or on land or premises: (i) anything in respect of which an offence against this Act has been committed; or (ii) anything that may afford evidence about the commission of an offence against this Act; and (b) the information sets out those grounds; the magistrate may issue a search warrant authorising a warden named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to enter the land or premises and exercise the powers referred to in paragraphs 44(2)(b), (c) and (d) in respect of the thing. (2) The magistrate must not issue the warrant unless: (a) the informant 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; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant. (3) There must be stated in the warrant: (a) the purpose for which the warrant is issued, and the nature of the offence in relation to which the entry and search are authorised; and (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) a description of the kind of things to be seized; and (d) a day, not later than 7 days after the day of issue of the warrant, upon which the warrant ceases to have effect. (4) If, in the course of searching, under the warrant, for a particular thing in relation to a particular offence, a warden finds a thing that the warden believes on reasonable grounds to be: (a) a thing that will afford evidence about the commission of the offence, although not the thing specified in the warrant; or (b) a thing that will afford evidence about the commission of another offence against this Act; and the warden believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is taken to authorise the warden to seize that thing.