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s 36

Issue of warrant

In force
Part 5Monitoring and enforcement
Division 2Powers of authorised persons
Subdivision 2Procedure for entry

36 Issue of warrant

(1)

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

(a)

there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and

(b)

the evidence is at the place or, within the next 7 days, will be at the place.

(2)

The warrant must state—

(a)

the place to which the warrant applies; and

(b)

that a stated authorised person may, with necessary and reasonable help and force—

(i)

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

(ii)

exercise the authorised person’s powers under this division; and

(c)

particulars of the offence that the magistrate considers appropriate in the circumstances; and

(d)

the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and

(e)

the evidence that may be seized under the warrant; and

(f)

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

(g)

the magistrate’s name; and

(h)

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

(i)

the date, within 14 days after the warrant’s issue, the warrant ends.

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