Content of warrant
490 Content of warrant
A warrant must do the following:
describe the premises or conveyance to which the warrant relates (as the case requires);
state the kind of warrant that it is;
state the purpose for which the warrant is issued;
either:
if the warrant is an entry warrant—state whether entry is authorised to be made; or
if the warrant is a possession warrant—state whether possession is authorised to be taken;
at any time of the day or during specified hours of the day;
specify the day on which the warrant ceases to be in force (subject to subsections (2) and (3));
comply with subsection (4) for that kind of warrant;
if the warrant is an entry warrant (other than an adjacent premises warrant), and biosecurity enforcement officers or biosecurity officers may be assisted by an animal—authorise the officers to use a specified kind of animal while exercising powers under the warrant;
if the warrant is an adjacent premises warrant, and a biosecurity enforcement officer or a biosecurity officer is to be assisted by an animal on the other premises to which access is needed—authorise a specified kind of animal to accompany the officer.
Maximum length of warrant
An adjacent premises warrant or a possession warrant must cease to be in force no later than 14 days after the day the warrant is issued.
A warrant other than a warrant mentioned in subsection (2) must cease to be in force no later than 1 month after the day the warrant is issued.
Specific information required for specific kinds of warrants
A warrant of a kind specified in column 1 of the following table must do the things specified in column 2 for a warrant of that kind.
Content of warrant | ||
|---|---|---|
Column 1 This kind of warrant … | Column 2 must do this … | |
1 | A biosecurity risk assessment warrant | authorise, on any one or more occasions while the warrant remains in force, one or more biosecurity enforcement officers and one or more biosecurity officers (whether or not named in the warrant): (a) to enter the premises; and (b) to exercise powers in accordance with Division 3 of Part 2 of Chapter 6. |
2 | A biosecurity control order warrant | authorise, on any one or more occasions while the warrant remains in force, one or more biosecurity enforcement officers and one or more biosecurity officers (whether or not named in the warrant): (a) to enter the premises; and (b) to exercise powers in accordance with section 360. |
3 | A biosecurity response zone warrant | authorise, on any one or more occasions while the warrant remains in force, one or more biosecurity enforcement officers and one or more biosecurity officers (whether or not named in the warrant): (a) to enter the premises; and (b) to exercise powers in accordance with section 370. |
4 | A biosecurity monitoring zone warrant | authorise, on any one or more occasions while the warrant remains in force, one or more biosecurity enforcement officers and one or more biosecurity officers (whether or not named in the warrant): (a) to enter the premises; and (b) if the premises are in a permanent biosecurity monitoring zone—to exercise the powers referred to in subsections 379(1) and (2); and (c) if the premises are in a temporary biosecurity monitoring zone—to exercise powers in accordance with section 389. |
5 | An adjacent premises warrant | authorise, on any one or more occasions while the warrant remains in force, one or more biosecurity enforcement officers (whether or not named in the warrant) to enter the premises, and to remain on the premises for such period as is reasonably necessary, for the purpose of: (a) gaining access to other premises to perform functions, or exercise powers, as a biosecurity enforcement officer; or (b) accompanying a biosecurity officer who needs to gain access to other premises to perform functions, or exercise powers, under or for the purposes of this Act. |
6 | A conveyance possession warrant | authorise, while the warrant remains in force, one or more biosecurity enforcement officers (whether or not named in the warrant) to take possession of the conveyance for the purpose of allowing it: (a) to be dealt with or destroyed under subsection 209(5) or 338(5); or (b) to be subject to action under paragraph 213(1)(d) or (e) or 347(1)(d) as described in section 210 or 343 (as the case requires). |
7 | A premises possession warrant | authorise, while the warrant remains in force, one or more biosecurity enforcement officers (whether or not named in the warrant) to take possession of the premises for the purpose of allowing the premises to be dealt with or destroyed under subsection 341(3) or section 344 (as the case requires). |
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