49NSearch warrants

49N Search warrants

(1) The Chief Investigator may apply to a magistrate for a search warrant for a place, rolling stock, a bus or vessel.

(2) The magistrate may refuse to consider the application until the Chief Investigator 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—

(a) there is a particular thing or activity (the evidence) that may be significant to an investigation into a public transport safety matter or a marine safety matter; and

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

(4) The search warrant must state—

(a) that the Chief Investigator may, with necessary and reasonable help and force, enter the place, rolling stock or bus, or board the vessel, and exercise the powers of the Chief Investigator; and

(b) a brief description of the investigation in respect of which the warrant is sought; and

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

(d) the hours of the day or night when the place, rolling stock 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 the Chief Investigator 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.

S. 49O inserted by No. 25/2025 s. 70.