76HSearch warrants

76H Search warrants (1) An authorised officer may apply to a Local Court Judge for a search warrant to enter land or premises if the officer believes on reasonable grounds that entry to the premises is necessary for the purpose of an investigation.

Planning Act 1999 98 (2) A Local Court Judge may issue a warrant if satisfied that there are reasonable grounds that entry to the premises is necessary for the purpose of an investigation. (3) A search warrant must: (a) be signed by the Local Court Judge; and (b) be issued to an authorised person named in the warrant; and (c) state the purpose for which it is issued; and (d) specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and (e) include a description of the kind of documents or things in relation to which the powers under the warrant may be exercised; and (f) specify the date, being a date not later than one month after the date of issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant authorises an authorised person named in the warrant: (a) to enter the land or premises specified in the warrant; and (b) to search the land or premises for documents or things relevant to the investigation; and (c) to seize any document or thing relevant to the investigation in or on the land or premises; and (d) to exercise any other powers of an authorised officer under this Act. (5) A search warrant may be executed, in accordance with its terms, at any time during the period commencing on the date of issue of the warrant and ending at the end of the date specified in accordance with subsection (3)(f). (6) A person executing a search warrant must, on request by an occupant of the premises to which the warrant relates, show the warrant to that occupant.

Planning Act 1999 99