Australian Naval Nuclear Power Safety Act 2024

An inspector may apply to an issuing officer for a warrant under this section in relation to an investigation area.

The issuing officer may issue the warrant if the issuing officer 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 in the investigation area.

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

The warrant must:

state the offence provision or offence provisions, or civil penalty provision or civil penalty provisions, of this Act to which the warrant relates; and

describe the investigation area to which the warrant relates; and

state that the warrant is issued under this Subdivision; and

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

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

state that the person executing the warrant may seize any other thing found in the course of executing the warrant if the person reasonably believes that the thing is evidential material of a kind not specified in the warrant; and

name one or more inspectors; and

authorise the inspectors named in the warrant:

to enter the investigation area; and

to exercise the powers set out in this Division in relation to the investigation area; 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) on which the warrant ceases to be in force.