Commonwealth Consolidated Acts

BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 47

Application for warrant

  (1)   An auditor may apply to a magistrate for a warrant under this section in relation to a building, an area of a building or any place associated with a building or an area of a building (an associated place ).

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 auditors should have access to the building, area or associated place for the purpose of determining whether an accredited assessor has properly applied the assessment methods and standards determined under section   21 for the purposes of working out a proposed energy efficiency rating for the building or performing a lighting energy efficiency assessment for the building or an area of the building.

  (3)   However, the magistrate must not issue the warrant unless the auditor 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 warrant is being sought.

Content of warrant

  (4)   The warrant must:

  (a)   describe the building, area or associated place to which the warrant relates; and

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

  (c)   state that the warrant is issued for the purpose of determining whether an accredited assessor has properly applied the assessment methods and standards determined under section   21 for the purposes of working out a proposed energy efficiency rating for the building or performing a lighting energy efficiency assessment for the building or an area of the building; and

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

  (i)   to enter the building, area or associated place; and

  (ii)   to exercise the powers set out in Division   2 in relation to the building, area or associated place; and

  (e)   state whether the 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) on which the warrant ceases to be in force.