Agricultural and Veterinary Chemicals (Administration) Act 1992

An inspector may apply to a magistrate for an investigation warrant under this section in relation to premises.

The magistrate may issue the investigation warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material on the premises.

However, the magistrate must not issue the investigation warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

The investigation warrant must:

state the offence or offences, or civil penalty provision or civil penalty provisions, to which the warrant relates; and

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

specify the kinds of evidential material that are to be searched for under the warrant; and

state that the evidential material specified may be seized under the warrant; and

state that any thing found in the course of executing the warrant that the person executing the warrant believes on reasonable grounds to be evidence of one or more of the following:

the commission of an offence against this Act or the Collection Act;

the contravention of a civil penalty provision;

an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Collection Act;

name one or more inspectors; and

authorise the inspectors named in the warrant:

to enter the premises; and

to exercise the powers set out in Divisions 2, 3 and 4 of this Part in relation to the premises; and

state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the day (not more than 1 week after the issue of the warrant) the warrant ceases to be in force.

If the application for the warrant is made under section 69EHB, this section applies as if:

subsection (2) referred to 48 hours rather than 72 hours; and

paragraph (4)(j) required the warrant to specify the period for which the warrant is to remain in force, which must not be more than 48 hours.