36FSearch warrants

36F Search warrants

S. 36F(1) amended by Nos 49/2009 s. 41(1), 51/2024 ss 20(a), 39(2).

(1) An inspector, with the written approval of the Secretary or, if the inspector is an environmental health officer of a council or a person employed by, or providing services to, a council, with the written approval of the Chief Executive Officer of the council, or a police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the inspector or police officer believes on reasonable grounds that there is on the premises evidence that a person or persons may have contravened this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations.

S. 36F(2) amended by Nos 49/2009 s. 41(2), 6/2018 s. 68(Sch. 2 item 125), 51/2024 ss 20(b), 39(2).

(2) If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the inspector or police officer that there are reasonable grounds to believe that there is a thing or things of a particular kind connected with a contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations on any premises, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an inspector or a 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—

a thing or things of a particular kind named or described in the warrant and which the inspector or police officer believes, on reasonable grounds, to be connected with the alleged contravention.

(3) A search warrant issued under this section must state—

(a) the purpose for which the search is required and the nature of the alleged contravention; 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 warrants under this section.

S. 36G inserted by No. 43/2000 s. 15.