Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A national inspector may apply to a magistrate for a warrant under this section in relation to particular premises.
(2) A magistrate may issue a warrant to search premises if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, any evidential material at the premises.
(3) However, a magistrate must not issue the warrant unless a national inspector has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate requires about the grounds on which the warrant is being sought.
(4) A warrant issued under this Division must:
(a) state the offence to which the warrant relates; and
(b) describe the premises to which the warrant relates; and
(c) describe the kinds of evidential material that are to be searched for under the warrant; and
(d) state the name of the national inspector responsible for executing the warrant; and
(e) state when the period for which the warrant is in force is to begin and how long it is to last (which must not be for more than 7 days); and
(f) state whether the warrant may be executed at any time or only during particular hours.
(5) The warrant should also state that it authorises the seizure of a thing (other than evidential material of the kind mentioned in paragraph ( 4)(c)) found at the premises that a member of the warrant team believes on reasonable grounds to be:
(a) evidential material in relation to an offence to which the warrant relates; or
(b) a thing relevant to another offence against this Act;
if the member believes, on reasonable grounds, that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act.
(6) Paragraph ( 4)(e) does not prevent the issue of successive warrants in relation to the same premises.
(7) If an application for the warrant is made under section 37, this section applies as if:
(a) subsection ( 2) referred to 48 hours rather than 72 hours; and
(b) paragraph ( 4)(e) referred to 48 hours rather than 7 days.