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Work Health and Safety (National Uniform Legislation) Act 2011
167Search warrants
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167 Search warrants
(1) An inspector may apply to a Local Court Judge for a search warrant
for a place.
(2) The application must be made on oath and state the grounds on
which the warrant is sought.
(3) The Judge may refuse to consider the application until the inspector
gives the Judge all the information the Judge requires about the
application in the way the Judge requires.
Example for subsection (3)
The Judge may require additional information supporting the application to be
given by statutory declaration.
(4) The Judge may issue a search warrant only if the Judge is satisfied
there are reasonable grounds for suspecting:
(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 72 hours, at the
place.
Work Health and Safety (National Uniform Legislation) Act 2011 94
(5) The search warrant must state:
(a) that a stated inspector may, with necessary and reasonable
help and force, enter the place and exercise the inspector's
compliance powers; and
(b) the offence for which the search 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 may be entered;
and
(e) the date, within 7 days after the search warrant's issue, the
search warrant ends.