Barrister AI
All legislation
ACTAct
In force
This is the latest official compilation.Check the official source →
s 40

Application for warrant

In force
Part 6Enforcement
Division 6.3Warrants

40 Application for warrant

(1)

An authorised officer may apply to a magistrate for a warrant to enter premises and exercise the authorised officer’s powers under this part.

(2)

The application must—

(a)

be sworn; and

(b)

state the grounds on which the warrant is sought.

(3)

However, if the authorised officer considers it necessary because of urgent or other special circumstances, the authorised officer may—

(a)

prepare a written application stating the grounds on which the warrant is sought; and

(b)

apply to the magistrate for the warrant other than in person before the written application is sworn.

(4)

The magistrate may refuse to consider an application under this section until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.