18Search warrants

18 Search warrants

S. 18(1) amended by No. 41/2019 s. 32(a).

(1) A transport safety officer may apply to a magistrate for a search warrant for a place, bus or vessel.

(2) The magistrate may refuse to consider the application until the transport safety 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 to be given by statutory declaration.

(3) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

S. 18(3)(a) amended by No. 41/2019 s. 32(b)(i).

(a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act or a transport safety law; and

S. 18(3)(b) amended by No. 41/2019 s. 32(b)(ii).

(b) the evidence is, or may be within the next 72 hours, at the place or on the bus or vessel.

(4) The search warrant must state—

S. 18(4)(a) amended by No. 41/2019 s. 32(c).

(a) that a stated transport safety officer may, with necessary and reasonable help and force, enter the place or bus, or board the vessel, and exercise the powers of the officer; and

(b) the offence for which the search warrant is sought; and

(c) the evidence that may be seized under the search warrant; and

S. 18(4)(d) amended by No. 41/2019 s. 32(c).

(d) the hours of the day or night when the place or bus may be entered or vessel may be boarded; and

(e) the date, within 7 days after the search warrant's issue, the search warrant ends.

(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the rules of court under that Act.

(6) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise a transport safety officer to arrest a person.

(7) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.