Tobacco and Other Smoking Products Act 1998
sec.184Warrants
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sec.184 Warrants
An authorised person may apply to a magistrate for a warrant for a place. The application must be sworn and state the grounds on which the warrant is sought. The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration. The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is, or may be within the next 7 days, at the place. The warrant must state— that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this part; and the offence for which the warrant is issued; and the evidence that may be seized under the warrant; and the hours of the day or night when entry may be made; and the day, within 7 days after the warrant’s issue, when the warrant ends. (sec.184-ssec.1) An authorised person may apply to a magistrate for a warrant for a place. (sec.184-ssec.2) The application must be sworn and state the grounds on which the warrant is sought. (sec.184-ssec.3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration. (sec.184-ssec.4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is, or may be within the next 7 days, at the place. (sec.184-ssec.5) The warrant must state— that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this part; and the offence for which the warrant is issued; and the evidence that may be seized under the warrant; and the hours of the day or night when entry may be made; and the day, within 7 days after the warrant’s issue, when the warrant ends.
- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and
- (b) the evidence is, or may be within the next 7 days, at the place.
- (a) that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this part; and
- (b) the offence for which the warrant is issued; and