Search warrants
89J Search warrants
(1) An inspector may apply to a Local Court Judge for a search warrant for a place.
(2) The application must be made on oath and state the grounds on which the warrant is sought.
(3) The Judge may refuse to consider the application until the inspector gives the Judge all the information the Judge requires about the application in the form the Judge requires.
Example for subsection (3)
The Judge may require additional information supporting the application to be given by statutory declaration.
(4) The Judge may issue a search warrant for a place only if the Judge is satisfied there are reasonable grounds for suspecting that there is evidence of an offence against this Act at the place.
The search warrant must state:
(a) that an inspector named in the warrant may, with necessary and reasonable assistance and force, enter the place and exercise the inspector's investigation powers; and
the suspected offence for which the search warrant is sought; and
the evidence that may be seized under the search warrant; and
(d) the hours of the day or night when the place may be entered; and
(e) that the warrant remains in force for 5 business days after the date of its issue.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.