Health Services Act 1988

An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the officer believes on reasonable grounds that a person is carrying on business at those premises as a health service establishment in contravention of section 111.

If the magistrate to whom the application is made is satisfied by evidence on oath or affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that a person is carrying on business at the premises as a health service establishment in contravention of section 111, the magistrate may issue a search warrant.

A search warrant issued under this section must be directed to the applicant for it and must authorise him or her, and any assistants he or she reasonably requires, to enter the premises, or the part of the premises, named or described in the warrant to search for any article, thing or material of a kind named or described in the warrant which there is reasonable ground to believe will afford evidence as to the commission of an offence against section 111.

In addition to any other requirement, a search warrant issued under this section must state—

any conditions to which the warrant is subject; and

whether entry is authorised to be made any time of the day or night or during stated hours of the day or night; and

a date, not being later than 7 days after the date of issue of the warrant, on which the warrant ceases to have effect.

A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.