24Obtaining a warrant

24 Obtaining a warrant

(1) If an authorised officer believes on reasonable grounds that there is, or there will be within the next 72 hours, evidence of an offence at a residence, at unattended premises or at an unattended vehicle or equipment, the authorised officer may apply to a Magistrate for a warrant authorising him or her to enter the premises, vehicle or equipment and seize the evidence. (2) The application must be made by information on oath, and must include: (a) the purpose for which the warrant is to be issued and the nature of the offence the authorised officer suspects has been or is likely to be committed; and (b) a description of the residence, premises, vehicle or equipment; and (c) the type of evidence to be searched for and seized; and (d) whether consent to enter the residence, premises, vehicle or equipment has been sought, and whether: (i) consent has been refused or withdrawn; or (ii) consent has been unable to be obtained after reasonable efforts have been made to obtain it; and (e) if the officer assumes that consent will not be given if it is sought—the grounds on which that assumption was made; and (f) whether the powers authorised by the warrant will need to be exercised at any time of the day or night or between specified hours; and (g) the period for which the authorised officer believes the warrant needs to remain in force. (3) The Magistrate must not issue a warrant unless he or she is satisfied that there are reasonable grounds for doing so. (4) If the Magistrate decides to issue a warrant, the Magistrate must state in the warrant: (a) the name of the authorised officer to whom it is directed; and (b) the purpose for which the warrant is issued and the nature of the offence the authorised officer suspects has been, is being or will be committed; and (c) a description of the residence, premises, vehicle or equipment; and (d) the type of evidence to be searched for and seized; and (e) whether the powers authorised by the warrant may be exercised at any time of the day or night or between specified hours; and (f) the period for which the warrant is to remain in force (not exceeding 7 days).