QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.163Warrants
Start here
Get a plain-English read of sec.163
Turn the raw legal text into a practical explanation grounded in Transport Operations (Marine Safety) Act 1994.
### sec.163 Warrants
A shipping inspector may apply to a magistrate for a warrant for a place.
The application must—
be sworn; and
specify the grounds on which the warrant is sought.
The magistrate may refuse to consider the application until the inspector 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 the commission of an offence against this Act; and
the evidence is at the place, or may be at the place within the next 7 days.
The warrant must state—
that the inspector may, with necessary and reasonable help and force—
enter the place; and
exercise the inspector’s powers under this Act; and
the evidence for which the warrant is issued; and
the hours of the day when entry may be made; and
the day (within 14 days after the warrant’s issue) when the warrant ceases to have effect.
(sec.163-ssec.1) A shipping inspector may apply to a magistrate for a warrant for a place.
(sec.163-ssec.2) The application must— be sworn; and specify the grounds on which the warrant is sought.
(sec.163-ssec.3) The magistrate may refuse to consider the application until the inspector 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.163-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 the commission of an offence against this Act; and the evidence is at the place, or may be at the place within the next 7 days.
(sec.163-ssec.5) The warrant must state— that the inspector may, with necessary and reasonable help and force— enter the place; and exercise the inspector’s powers under this Act; and the evidence for which the warrant is issued; and the hours of the day when entry may be made; and the day (within 14 days after the warrant’s issue) when the warrant ceases to have effect.
- (a) be sworn; and
- (b) specify the grounds on which the warrant is sought.
- (a) there is a particular thing or activity (the evidence ) that may provide evidence of the commission of an offence against this Act; and
- (b) the evidence is at the place, or may be at the place within the next 7 days.
- (a) that the inspector may, with necessary and reasonable help and force— (i) enter the place; and (ii) exercise the inspector’s powers under this Act; and
- (i) enter the place; and
- (ii) exercise the inspector’s powers under this Act; and
- (b) the evidence for which the warrant is issued; and
- (c) the hours of the day when entry may be made; and
- (d) the day (within 14 days after the warrant’s issue) when the warrant ceases to have effect.
- (i) enter the place; and
- (ii) exercise the inspector’s powers under this Act; and