Commonwealth Consolidated Acts

CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 - SECT 211

Application for warrant

  (1)   An inspector may apply to a magistrate for a 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:

  (a)   determining whether this Act or the associated provisions have been, or are being, complied with; or

  (b)   substantiating information provided under this Act or the associated provisions.

  (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 warrant is being sought.

Content of warrant

  (4)   The 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 that the warrant is issued for the purpose of:

  (i)   determining whether this Act or the associated provisions have been, or are being, complied with; or

  (ii)   substantiating information provided under this Act or the associated provisions; 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 powers set out in Divisions   3 and 4 in relation to the premises; 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.