Warrants generally
443 Warrants generally
An authorised person may apply to a magistrate for a warrant to enter and search premises.
The application must be sworn and state the grounds on which the warrant is sought.
Note Swear an oath includes make an affirmation (see Legislation Act, dict, pt 1, def swear).
The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—
there is a particular thing or activity connected with an offence against this Act; and
the thing or activity—
is, or is being engaged in, at the premises; or
may be, or may be engaged in, at the premises within the next 7 days.
The warrant must state—
that an authorised person may, with any reasonable and necessary force and assistance, enter the premises and exercise the authorised person’s powers under this chapter; and
Note An authorised person’s powers include the power to search the premises (see s 440 (2)).
the offence for which the warrant is issued; and
the things that may be seized under the warrant; and
the hours when the premises may be entered; and
the date (within 7 days after the day the warrant is issued) that the warrant ends.
In this section:
connected—an activity is connected with an offence if—
the offence has been committed by engaging or not engaging in it; or
it will provide evidence of the commission of the offence.
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