70General powers of entry with warrant

70 General powers of entry with warrant

(1) A person appointed for that purpose by the Authority may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds—

(a) that there is or has been a contravention of this Act or the regulations on the premises; or

(b) that entry into or onto the premises is necessary for the purpose of investigating a matter in a notification made under this Act which, if substantiated, may provide grounds for the revocation by the Authority of a licence or registration.

S. 70(2) amended by No. 6/2018 s. 68(Sch. 2 item 95).

(2) If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or of grounds for the revocation by the Authority of a licence or registration, the magistrate may issue a search warrant authorising any person named in the warrant—

(a) to enter the premises or the part of the premises named or described in the warrant; and

(b) to search for and seize a thing named or described in the warrant; and

(c) to bring the thing before the Magistrates' Court so that the matter may be dealt with according to law.

(3) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in a form prescribed under that Act.

(4) In addition to any other requirement, a search warrant issued for the purposes of this section must state—

(a) the offence or grounds of revocation of a licence or registration suspected; and

(b) the premises to be searched; and

(c) the name or a description of the thing to be searched for; and

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

(e) whether entry is authorised to be made at any time or during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(5) 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.