Commonwealth Consolidated Acts

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OFFSHORE MINERALS ACT 1994 - SECT 382

Procedure for obtaining warrant

  (1)   An inspector may apply to a magistrate for a warrant to carry out a compliance inspection of land or of a building, structure, vehicle, vessel or aircraft.

  (2)   The application must be supported by an information on oath or affirmation that sets out the grounds on which the inspector is applying for the warrant.

  (3)   If the magistrate is satisfied that the compliance inspection is reasonably necessary, the magistrate may issue a warrant to the inspector to carry out the inspection.

  (4)   The warrant must state:

  (a)   the name of the inspector; and

  (b)   whether the inspection may be carried out at any time or only during specified hours of the day; and

  (c)   the day on which the warrant ceases to have effect; and

  (d)   the purposes for which the warrant is issued.

  (5)   The day specified under paragraph   (4)(c) is not to be more than 7 days after the day on which the warrant is issued.

  (6)   The purposes specified under paragraph   (4)(d) must include the identification of:

  (a)   the land, building, structure, vehicle, vessel or aircraft to be inspected; and

  (b)   any equipment that the inspector may test; and

  (c)   any documents that the inspector may examine and copy; and

  (d)   any cores or cuttings from the seabed or subsoil that the inspector may examine and take samples of.



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