Biosecurity Act 2014

The magistrate may issue a warrant for the place only under subsection (2) or (3).

The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that—

there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act; or

there is a biosecurity risk at the place.

Also, the magistrate may issue a warrant for the place for the purpose of the authorised officer’s performance of the function mentioned in section 256(1)(a) or (b) at the place if—

the place is a place mentioned in section 259(1)(b) or (d) or a place to which section 259(1)(e) applies; and

the magistrate is satisfied it is reasonably necessary that the authorised officer should have access to the place for the purpose of effectively performing the function at the place.Example for paragraph (b)—The magistrate may be satisfied under paragraph (b) if the authorised officer has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful.

The warrant must state—

the place to which the warrant applies; and

that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force—

enter the place and any other place necessary for entry to the place; and

exercise the authorised officer’s powers; and

particulars of the offence, biosecurity risk or other circumstances that the magistrate considers appropriate; and

if the warrant is issued under subsection (2), the name of the person suspected of having committed the offence or who caused the biosecurity risk or allowed the biosecurity risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and

the evidence that may be seized under the warrant; and

whether the authorised officer may exercise powers under section 320; and

if the authorised officer may exercise powers under section 320, the person, if any, who is to pay the costs incurred by the authorised officer in exercising the powers; and

the hours of the day or night when the place may be entered; and

the magistrate’s name; and

the day and time of the warrant’s issue; and

except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.

If the warrant relates to a biosecurity risk, the warrant may also state that an authorised officer may re-enter the place to check compliance with a biosecurity order issued as a result of the authorised officer’s entry of the place under the warrant.

To the extent that the warrant allows for re-entry of the place, it ends on the earlier of the following days—

the day that is 7 days after the end of the period stated in the biosecurity order for completing the steps stated in the order;

the day stated in the warrant.