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COMMONWEALTHAct
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Held text is as at 1 Jul 2026. Later incorporated or unincorporated amendments may not yet appear.Check the official source before relying on current wording →
s 225

Monitoring warrants

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 10AAInspector‑General of Water Compliance (special powers)
Division 1Entry onto land etc.
Subdivision BPowers to enter land etc. for compliance purposes

225 Monitoring warrants

(1)

An authorised compliance officer may apply to a magistrate for a warrant under this section in relation to premises.

(2)

Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised compliance officers should have access to the premises for the purposes of determining whether:

(a)

a designated compliance provision has been, or is being, complied with; or

(b)

information given in compliance, or purported compliance, with a designated compliance provision is correct.

(3)

The magistrate must not issue the warrant unless the authorised compliance officer 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.

Content of warrant

(4)

The warrant must:

(a)

describe the premises to which the warrant relates; and

(b)

state that the warrant is issued under this section; and

(c)

state the purpose for which the warrant is issued; and

(d)

authorise one or more authorised compliance officers (whether or not named in the warrant) from time to time while the warrant remains in force:

(i)

to enter the premises; and

(ii)

to exercise the powers set out in subsection 223(2) and sections 223A, 223B, 231 and 232 in relation to the premises; and

(e)

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

(f)

specify the day (not more than 3 months after the issue of the warrant) on which the warrant ceases to be in force.

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