128Search warrants

128 Search warrants (1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a premises, if the inspector believes on reasonable grounds that there is on the premises evidence of a contravention of a road or transport law. S. 128(2) amended by No. 6/2018 s. 68(Sch. 2 item 109.5) (2) The magistrate may issue a search warrant if he or she is satisfied, by evidence provided by the inspector on oath or by affirmation or by affidavit, that there are reasonable grounds to believe that there is on a premises a thing or things of a particular kind that may be evidence of the contravention of a road or transport law. (3) The warrant is to be issued in accordance with the **Magistrates' Court Act 1989**. (4) In the warrant, the magistrate may authorise the inspector, or another inspector named in the warrant, together with any other person or people named or otherwise identified in the warrant, and with any necessary equipment— (a) to enter the premises; and (b) to do all or any of the following— (i) to search for; (ii) to seize; (iii) to secure against interference; (iv) to examine and inspect; (v) to inspect and copy— the thing or things. S. 128(5) amended by No. 37/2014 s. 10(Sch. item 147.52). (5) In the warrant, the magistrate may authorise an inspector who is a police officer to use force, if necessary, to enter the premises. (6) The warrant must state— (a) the purpose for which the search is required and the nature of the alleged contravention; and (b) the identity of the premises to be searched and the thing or things in respect of which it is issued; and (c) any conditions to which it is subject; and (d) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (e) a day, not later than 28 days after the issue of the warrant, on which it ceases to have effect. S. 128(7) amended by No. 37/2014 s. 10(Sch. item 147.52). (7) A warrant directed to a named police officer may be executed by any police officer. (8) Except as provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants issued under this section. S. 129 inserted by No. 44/2003 s. 3.