Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 40

Application for warrant

  (1)   The Chief Commissioner 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, that there are reasonable grounds for suspecting that:

  (a)   there is evidential material on the premises; or

  (b)   there may be evidential material on the premises within the next 72 hours.

  (3)   However, the magistrate must not issue the warrant unless the Chief Commissioner 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)   authorise the Chief Commissioner, 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   36; and

  (iii)   to seize evidential material to which the warrant relates; and

  (b)   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

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

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