Monitoring warrants
46A Monitoring warrants
An inspector may apply to a magistrate for a warrant under this section in relation to premises.
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 1 or more inspectors should have access to the premises for the purposes of finding out whether this Act has been complied with.
Oath includes affirmation, and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
The magistrate must not issue the warrant unless the inspector or someone else has given to the magistrate, either orally or by affidavit, any further information the magistrate requires about the grounds on which the issue of the warrant is being sought.
The warrant must—
authorise 1 or more inspectors (whether or not named in the warrant) with the assistance and force that is necessary and reasonable—
to enter the premises; and
to exercise the powers set out in section 45 in relation to the premises; and
state whether the entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
state the day (not more than 15 days after the issue of the warrant) on which the warrant ceases to have effect; and
state the purpose for which the warrant is issued.
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