QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.78Warrants for entry
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### sec.78 Warrants for entry
An authorised officer 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 officer 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 the 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.
A warrant must state—
that the authorised officer may, with necessary and reasonable help and force, enter the place and exercise the authorised officer’s powers under this Act; and
the evidence for which the warrant is issued; and
the hours when entry may be made; and
the day, within 14 days after the warrant’s issue, the warrant ends.
The magistrate must record the reasons for issuing the warrant.
(sec.78-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.
(sec.78-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.
(sec.78-ssec.3) The magistrate may refuse to consider the application until the authorised officer 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.78-ssec.4) The magistrate may issue the 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.78-ssec.5) A warrant must state— that the authorised officer may, with necessary and reasonable help and force, enter the place and exercise the authorised officer’s powers under this Act; and the evidence for which the warrant is issued; and the hours when entry may be made; and the day, within 14 days after the warrant’s issue, the warrant ends.
(sec.78-ssec.6) The magistrate must record the reasons for issuing the warrant.
- (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 officer may, with necessary and reasonable help and force, enter the place and exercise the authorised officer’s powers under this Act; and
- (b) the evidence for which the warrant is issued; and
- (c) the hours when entry may be made; and
- (d) the day, within 14 days after the warrant’s issue, the warrant ends.