Warrant to enter residence
193 Warrant to enter residence
In this section – registered premises means any premises referred to in section 183(4) or section 187(2) including, in the case of one or more registered schools, any boarding house or residence for students operated by the governing bodies of those schools; residence does not include a boarding house or residence operated by a school for its students; unregistered premises means premises referred to in section 185.
A registration officer may apply to a justice for a warrant to exercise, in relation to a residence, the powers in respect of unregistered premises specified in section 190 or registered premises specified in section 191, as appropriate, if the registration officer has reason to believe that – a non-government school is being operated in or from the residence in contravention of section 144; or any document or thing that is, or may be, evidence of an offence against this Act is, or may be, in the residence; or any document or thing that the approved authority for a registered system of non-government schools, or the governing body of a registered school, has failed to provide in accordance with a requirement made under section 194(1) is, or may be, relevant to a failure by the registered system of non-government schools, or registered school, to – meet the relevant standards; or comply with the conditions to which its registration is subject – and is, or may be, in the residence.
On the application of a registration officer, a justice may issue a warrant if he or she is satisfied that there are reasonable grounds for believing it necessary for a registration officer to exercise powers under section 190 or section 191 for the reasons specified in the application.
A registration officer named in the warrant, and any person assisting the officer, may – enter and remain in the residence specified in the warrant, using such force as is necessary; and exercise his or her powers under section 190 or section 191, as specified in the warrant, on or in relation to the residence.
A warrant has effect for a period of 30 days after the day on which it is issued.
This Act’s bill:Explanatory notesSecond reading speech
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