Clinical Waste Act 1990

If an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against this Act, and the information sets out those grounds, the magistrate may issue a search warrant authorising an inspector named in the warrant, with any assistance and force that is necessary and reasonable—

to enter the premises; and

to search those premises for things of that kind; and

to exercise any of the powers under section 34 in relation to such a thing.

A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

A magistrate must not issue a warrant under subsection (1) unless—

the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires in relation to the grounds on which the issue of the warrant is being sought; and

the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

A warrant must—

state the purpose for which it is issued; and

state the nature of the offence for which the entry, search and exercise of the functions under section 34 are authorised; and

A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

state particular hours during which the entry is authorised or state that the entry is authorised at any time of day or night; and

include a description of the kinds of things for which the functions under section 34 may be exercised; and

state a day, not later than 1 month after the day of issue of the warrant, when the warrant ceases to have effect.