Explosives Act 2012

An application to a magistrate for a warrant is to be in writing.

The magistrate may issue the warrant if satisfied that there are reasonable grounds for doing so.

However, the magistrate must not issue the warrant unless –

the applicant for the warrant sets out the grounds for seeking the warrant; and

the applicant for the warrant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds for seeking the warrant; and

the information given by the applicant is verified before the magistrate on oath or by affidavit.

The warrant is to be in such form as the issuing magistrate determines but it must at least specify –

when the warrant is issued; and

the premises it authorises to be entered; and

whether entry is authorised to be made at any time or only during certain hours; and

any conditions that the warrant is subject to; and

when the warrant ceases to have effect.

Despite clause 2, an authorised officer may apply to a magistrate for a warrant by telephone or radio if the authorised officer believes that the urgency of the situation requires it.

The magistrate may complete and sign the warrant in the same way as for a warrant applied for in person if satisfied that –

there are reasonable grounds for issuing the warrant urgently; and

it is not practicable in the circumstances for the authorised officer to apply for the warrant in person.

The issuing magistrate is to –

inform the authorised officer of –

record on the warrant the reasons for issuing it.

The authorised officer is to –

complete a form of warrant in the same terms as the warrant signed by the issuing magistrate; and

write on the form –

send the completed form of warrant to the issuing magistrate not later than the day after the warrant is executed or ceases to have effect.

On receipt of the form of warrant, the issuing magistrate is to attach it to the warrant that the magistrate signed.

The form of warrant completed by the authorised officer has the same force as the warrant signed by the issuing magistrate.

on the date specified in the warrant as the date on which it ceases to have effect; or

if it is withdrawn before that date by the issuing magistrate; or

after it has been executed; or

if the person to whom it is issued ceases to be an authorised officer –

An authorised officer who is issued with a warrant must furnish a report in writing to the issuing magistrate –

stating whether or not the warrant has been executed; and

if the warrant has been executed, setting out briefly the result of the execution, including a brief description of anything seized; and

if the warrant has not been executed, setting out briefly the reasons why it has not been executed.

The report is to be furnished within 10 days after the warrant is executed or expires, whichever occurs first.

must still be made; but

may be furnished to any other magistrate.

An authorised officer may execute a warrant using such assistance as the authorised officer considers necessary.

Except as may be otherwise provided by the terms of the warrant, an authorised officer may execute a warrant using such force as may reasonably be required in the circumstances.