39ZDMonitoring warrants

39ZD Monitoring warrants

(1) An inspector may apply to a magistrate for a warrant under this section in relation to particular wine premises.

Note 1: An inspector may apply for a warrant under this section by telephone or fax under section 39ZI.

Note 2: An inspector may also apply for a warrant under this section for the purposes of Parts VIB and VII (see sections 40ZF and 44).

(2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the premises for the purpose of finding out whether label laws are being complied with. (3) The magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought. (4) The warrant must: (a) authorise an inspector (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable: (i) to enter the premises; and (ii) to exercise inspection powers on the premises; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued.