Tobacco Act 1987

An inspector, with the written approval of the Secretary or, if the inspector is an environmental health officer of a council or a person employed by, or providing services to, a council, with the written approval of the Chief Executive Officer of the council, or a police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the inspector or police officer believes on reasonable grounds that there is on the premises evidence that a person or persons may have contravened this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations.

If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the inspector or police officer that there are reasonable grounds to believe that there is a thing or things of a particular kind connected with a contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations on any premises, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an inspector or a police officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

to enter the premises specified in the warrant, if necessary by force; and

to do all or any of the following—

search for;

seize;

secure against interference;

inspect and make copies of, or take extracts from—

A search warrant issued under this section must state—

the purpose for which the search is required and the nature of the alleged contravention; and

any conditions to which the warrant is subject; and

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

a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.