Monitoring warrants
49 Monitoring warrants
An authorised person may apply to an issuing officer for a warrant under this section in relation to premises.
Subject to subsection (3), the issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath, that it is reasonably necessary that one or more authorised persons should have access to the premises for the purposes of finding out whether this Act or the regulations have been complied with.
The issuing officer must not issue the warrant unless the authorised person 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:
authorise one or more authorised persons (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 subsection 48(1) and section 48BA 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.
This provision refers to the regulations (the regulations
). Made under this Act:
- Therapeutic Goods (Medical Devices) Regulations 2002 · under s 63
- Therapeutic Goods Regulations 1990 · under s 63
5 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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