Commonwealth Consolidated Acts

HUMAN SERVICES (MEDICARE) ACT 1973 - SECT 8Y

  (1)   If:

  (a)   an information on oath is laid before a magistrate alleging that an authorised officer suspects on reasonable grounds that there may be on or in any premises particular evidential material; and

  (b)   the information sets out those grounds;

the magistrate may issue a search warrant in respect of the premises.

  (2)   The magistrate must not issue the warrant unless he or she has been:

  (a)   advised what other warrants (if any) have been sought under this Part   in respect of those premises in the preceding 5 years; and

  (b)   given a copy of the relevant instrument made by the Chief Executive Medicare under subsection   8L(1).

  (3)   The warrant must authorise an authorised officer named in the warrant with such assistance, and by such force, as is necessary and reasonable:

  (a)   to enter the premises; and

  (b)   to search the premises for the evidential material; and

  (c)   if the authorised officer finds the evidential material on or in the premises--to seize it.

  (4)   The magistrate is not to issue the warrant unless:

  (a)   the informant 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; and

  (b)   the magistrate is satisfied that there are reasonable grounds for issuing the warrant; and

  (c)   the magistrate is satisfied that execution of the warrant will not cause an unreasonable invasion of any patient's privacy.

  (5)   There must be stated in the warrant:

  (a)   the purpose for which the warrant is issued, and the nature of the relevant offence or relevant civil contravention in relation to which the entry and search are authorised; and

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

  (c)   a description of the kind of evidential material to be seized; and

  (d)   a day, not later than 7 days after the day of issue of the warrant, upon which the warrant ceases to have effect; and

  (e)   whether or not the warrant authorises the exercise of powers in relation to records containing clinical details relating to patients.