Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69EH

Application for warrant

  (1)   An inspector may apply to a magistrate for a monitoring warrant under this section in relation to premises.

Issue of warrant

  (2)   The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more inspectors should have access to the premises for the purpose of determining whether:

  (a)   this Act, or the Collection Act, has been, or is being, complied with; or

  (b)   information provided under this Act, or the Collection Act, is correct; or

  (c)   levy is payable under the Collection Act.

  (3)   However, the magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the monitoring warrant is being sought.

Content of warrant

  (4)   The monitoring warrant must:

  (a)   describe the premises to which the warrant relates; and

  (b)   state that the warrant is issued under this section; and

  (c)   state the purpose for which the warrant is issued; and

  (d)   authorise one or more inspectors (whether or not named in the warrant) from time to time while the warrant remains in force:

  (i)   to enter the premises; and

  (ii)   to exercise the monitoring powers in relation to the premises; and

  (e)   state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

  (f)   specify the day (not more than 6 months after the issue of the warrant) the warrant ceases to be in force.

  (5)   If the application for the warrant is made under section   69EHB, this section applies as if paragraph   (4)(f) required the warrant to specify the period for which the warrant is to remain in force, which must not be more than 48 hours.