Radiation Act 2005
79Issue of search warrants
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79 Issue of search warrants
(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to a place if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations.
S. 79(2) amended by No. 6/2018 s. 68(Sch. 2 item 105).
(2) A magistrate may issue the search warrant if
he or she is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for suspecting that there is, or may be within 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations.
(3) The search warrant may authorise a named authorised officer and any assistants the authorised officer considers necessary—
(a) to enter the place or part of the place named or described in the warrant; and
(b) to search for the thing named or described in the warrant.
(4) In addition to any other requirement, the search warrant must state—
(a) the offence suspected; and
(b) the place to be searched; and
(c) a description of the thing for which the search is to be made; and
(d) any conditions to which the warrant is subject; and
(e) whether entry is authorised to be made at any time or during specified hours; and
(f) that the warrant authorises entry on only one occasion; and
(g) a day, not later than 7 days after the warrant is issued, on which it ceases to have effect.
(5) Subject to subsection (6), a search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.
(6) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise an authorised officer to arrest a person.
(7) The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants under this section.