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s 57

Warrants to enter

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Part 6Aquaculture
Division 7.1Powers for places

57 Warrants to enter

(1)

A fisheries officer may apply to a magistrate for a warrant to enter a place.

(2)

The application must be sworn and state the grounds on which the warrant is sought.

(3)

The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

(4)

The magistrate may issue a warrant only if 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 14 days, at the place.

(5)

The warrant must state—

(a)

that a fisheries officer may, with necessary help and force, enter the place and exercise the officer’s powers under this Act; and

(b)

the offence for which the warrant is sought; and

(c)

the evidence that may be seized under the warrant; and

(d)

the hours when the place may be entered; and

(e)

the date, within 14 days after the warrant’s issue, the warrant ends.

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