21Facilitation by inspectors of Treaty inspections

21 Facilitation by inspectors of Treaty inspections

(1) A reference in this section to a relevant power shall be read as a reference to a power to: (a) search land or premises or a vessel, aircraft or vehicle; (b) inspect or examine a matter or thing; (c) take samples of a matter or thing; (d) examine a document; (e) take extracts from, or make copies of, a document; or (f) do any other act or thing necessary or convenient to be done in order to facilitate a Treaty inspection. (2) An inspector may: (a) with the consent of the occupier of any land or premises; or (b) pursuant to a warrant issued under subsection (5) in respect of any land or premises; enter upon the land, or upon or into the premises, and exercise any relevant power for the purpose of facilitating a Treaty inspection. (3) An inspector may: (a) with the consent of the person in control of any vessel, aircraft or vehicle; or (b) pursuant to a warrant issued under subsection (5) in respect of any vessel, aircraft or vehicle; enter the vessel, aircraft or vehicle, and exercise any relevant power for the purpose of facilitating a Treaty inspection. (4) Where an inspector may enter a vessel, aircraft or vehicle under subsection (3), the inspector may, for the purpose of effecting that entry and for the purpose of exercising a relevant power for the purpose of facilitating a Treaty inspection, stop and detain the vessel, aircraft or vehicle. (5) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for an inspector having access to any land, premises, vessel, aircraft or vehicle, in order to exercise relevant powers in relation to the land, premises, vessel, aircraft or vehicle for the purpose of facilitating a Treaty inspection, and the information sets out those grounds, the Magistrate may issue a warrant, in accordance with the appropriate form prescribed for the purposes of this subsection, authorising an inspector named in the warrant, with such assistance as the inspector thinks necessary, and if necessary by force: (a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle; and (b) to exercise relevant powers in relation to the land, premises, vessel, aircraft or vehicle, as the case requires, for the purpose of facilitating the Treaty inspection. (6) A Magistrate shall not issue a warrant under subsection (5) unless: (a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant. (7) There shall be stated in a warrant issued under subsection (5): (a) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (b) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.