Work Health and Safety Act 2011

An inspector may apply to a magistrate for a search warrant for a place.

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

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

The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and

A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

the evidence is, or may be within the next 72 hours, at the place.

The search warrant must state—

that an inspector may, with any necessary and reasonable help and force, enter the place and exercise the inspector’s compliance powers; and

the offence for which the search warrant is issued; and

the evidence that may be seized under the search warrant; and

the hours when the place may be entered; and

the date, within 7 days after the day of the search warrant’s issue, the search warrant ends.