Subdiv 6Warrants

Subdivision 6—Warrants 41B—Warrants (1) This section applies if an authorised officer believes on reasonable grounds that— (a) there may be at particular premises, then or within the next 72 hours, records, devices or other things that may provide evidence of an Australian road law offence; or (b) a vehicle has been or may have been involved in an accident and— (i) the vehicle is or has been located at particular premises; or (ii) particular premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load. (2) The officer may apply to a magistrate for a warrant authorising the officer to exercise a power to enter and search the premises under section 40T. (3) An application for a warrant may be made personally or by telephone or other means authorised under the regulations. (4) A magistrate may, on an application for a warrant under this section, issue the warrant if satisfied that the warrant is reasonably required in the circumstances. (5) A warrant under this section— (a) must specify— (i) the name of the magistrate issuing the warrant; and (ii) the person authorised to exercise the powers conferred by the warrant; and (iii) the period for which the warrant will be in force (being a period not longer than 45 days); and (b) may contain conditions and limitations; and (c) may, on application by the person named in the warrant, be varied or renewed (and the provisions of this Act will apply in relation to such an application in the same way as if it were an application for the issue of a warrant). (6) The Governor may make regulations governing the making of applications and the issuing of warrants under this section.