Fisheries Act 1994

An inspector may apply to a magistrate for a warrant under this section for a place, other than a place, or part of a place used exclusively as a person’s residence, if the inspector is reasonably satisfied—

abalone or commercial fish are in the place; and

it is necessary for the inspector to enter the place to find out if this Act is being complied with in relation to abalone or commercial fish.

The application must be sworn and state the grounds on which the warrant is sought.

The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

The magistrate may issue the warrant only if the magistrate is satisfied it is reasonably necessary that the inspector or another inspector should have access to the place for the purpose of finding out whether this Act is being complied with in relation to abalone or commercial fish.

The warrant must state—

that an inspector may, with necessary and reasonable help and force—

enter, and from time to time re-enter, the place; and

exercise an inspector’s powers under this part; and

the purpose for which the warrant is sought; and

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

any conditions imposed by the magistrate; and

the date, within 2 months after the warrant’s issue, the warrant ends.

In this section—