Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 60

Application for an enforcement warrant

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

Issue of an enforcement warrant

  (2)   The magistrate may issue the enforcement warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, evidential material in or on the premises.

  (3)   However, the magistrate must not issue the enforcement 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 an enforcement warrant

  (4)   The enforcement warrant must:

  (a)   name one or more inspectors; and

  (b)   authorise the inspectors so named, with such assistance and by such force as is necessary and reasonable:

  (i)   to enter the premises; and

  (ii)   to exercise the powers set out in section   44; and

  (iii)   to seize the evidential material; and

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

  (d)   specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

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