State Penalties Enforcement Act 1999

This section applies if an enforcement officer reasonably believes there may be a vehicle, mentioned in an immobilisation warrant, at a premises.

The enforcement officer may apply to a magistrate or a justice of the peace (magistrates court), who is not an official within the meaning of section 12, for the issue of a search warrant (immobilisation search warrant) under this section.

The magistrate or justice (issuer) may refuse to consider the application until the enforcement officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.

The issuer may issue the immobilisation search warrant only if satisfied there are reasonable grounds for believing the vehicle may be at the premises.

The immobilisation search warrant must be in the approved form and state—

that a stated enforcement officer, or all enforcement officers, may enter the stated premises and exercise the powers mentioned in section 108M; and

if the warrant is to be enforced at night—the hours when the stated premises may be entered; and

the time, no later than 7 days after the warrant is issued, when the warrant ends.