National Health Security Act 2007

An inspector may apply to a magistrate for a monitoring warrant in relation to premises.

Subject to subsection (3), the magistrate may issue the monitoring warrant if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for any of the following purposes:

to find out whether this Part or regulations made for the purposes of this Part, or the SSBA Standards, have been complied with;

to verify that the information given to the Director‑General of the CDC by an entity under section 42, 44, 48, 49, 55AA, 60AA, 60AD or 60AF is accurate and up‑to‑date.

The magistrate must not issue the monitoring 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 monitoring warrant must:

authorise one or more inspectors (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable:

to enter the premises; and

to exercise the powers set out in section 66 in relation to the premises; and

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

specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

state the purpose for which the warrant is issued.

An inspector must not make, in an application for a monitoring warrant, a statement that the inspector knows to be false or misleading in a material particular.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.