682Warrants to exercise powers in relation to vessels

682 Warrants to exercise powers in relation to vessels

(1) An authorised person may apply to a magistrate for the issue of a warrant authorising an authorised person named in the warrant, with such assistance as the authorised person thinks necessary, to exercise any or all of the powers referred to in section 677(1) in relation to a vessel if the authorised person has reasonable grounds to believe that the vessel has been used, is being used or is about to be used in contravention of section 669, 671 or 673.

(2) The application must be supported by an information on oath or affirmation that sets out the grounds on which the authorised person is applying for the warrant.

(3) If the magistrate is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may issue the warrant authorising the authorised person, and any assistants the authorised person thinks necessary, to exercise any or all of the powers referred to in section 677(1) in relation to the vessel.

(4) A magistrate may issue a warrant under this section only if—

S. 682(4)(a) amended by No. 55/2010 s. 80(9).

(a) the authorised person 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.

(5) In addition to any other requirement, a warrant issued under this section must state—

(a) the name of the authorised person; and

(b) the day on which the warrant ceases to have effect; and

(c) any conditions to which the warrant is subject; and

(d) the purposes for which the warrant is issued; and

(e) set out a description of the vessel in relation to which the warrant is issued.

(6) The day specified under subsection (3)(b) must not be later than 7 days after the day on which the warrant is issued.

(7) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and must be in a form set out in the regulations under that Act.

(8) Subject to any provision to the contrary in this Act, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.