Commonwealth Consolidated Acts

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AIRPORTS ACT 1996 - SECT 236

Monitoring warrants

  (1)   An authorised officer may apply to a magistrate for a warrant under this section in relation to particular airport premises.

Note:   Airport premises is defined by section   239.

  (2)   Subject to subsection   (3), the magistrate may issue the warrant if satisfied, by information on oath or affirmation, that it is reasonably necessary that the authorised officer should have access to the airport premises for the purpose of finding out whether Part   5 or 6 has been or is being complied with.

  (3)   The magistrate must not issue the warrant unless the authorised officer or someone else has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

  (4)   The warrant must:

  (a)   authorise any authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable, from time to time while the warrant remains in force, to enter the airport premises and exercise monitoring powers; and

  (b)   state whether an entry under the warrant is authorised to be made at any time of the day or night or during specified hours of the day or night; and

  (c)   specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

  (d)   state the purpose for which the warrant is issued.

Note:   Monitoring powers is defined by section   238.



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