35LLicensing search warrants

35L Licensing search warrants

(1) A licensing inspector, with the written approval of the Regulator, or a police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the licensing inspector or police officer believes on reasonable grounds that there is likely to be on the premises any document, equipment, tobacco product, vaping goods or other thing that may be evidence of a licensing offence.

(2) If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the licensing inspector or police officer that there are reasonable grounds to believe that there is likely to be on the premises any document, equipment, tobacco product, vaping goods or other thing that may be evidence of a licensing offence, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising a licensing inspector or police officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

(a) to enter the premises specified in the warrant, if necessary by force; and

(b) to do all or any of the following—

(i) search for;

(ii) seize;

(iii) secure against interference;

(iv) inspect and make copies of, or take extracts from—

any document, equipment, tobacco product, vaping goods or other thing of a particular kind named or described in the warrant and which the licensing inspector or police officer believes, on reasonable grounds, to be connected with the alleged licensing offence.

(3) A licensing search warrant must state—

(a) the purpose for which the search is required and the nature of the alleged licensing offence; and

(b) any conditions to which the warrant is subject; and

(c) 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

(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) 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 licensing search warrants.

S. 35M inserted by No. 51/2024 s. 37.