Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 232A

Application

  (1)   This section applies where an authorised compliance officer applies to a magistrate under subsection   223A(2) or 232(4) for an extension of the period during which a thing may be secured.

Granting extension

  (2)   The magistrate may, by order, grant an extension of the period if the magistrate is satisfied, by information on oath or affirmation, that:

  (a)   if the thing is secured under section   223A--it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; or

  (b)   if the thing is equipment that is secured under section   232--it is necessary to secure the thing:

  (i)   to ensure that relevant information is not destroyed, altered or otherwise interfered with; or

  (ii)   to prevent evidential material from being destroyed, altered or otherwise interfered with.

  (3)   However, the magistrate must not grant the extension unless the authorised compliance officer 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 extension is being sought.

Content of order

  (4)   The order extending the period must:

  (a)   describe the thing to which the order relates; and

  (b)   state the period for which the extension is granted; and

  (c)   state that the order is made under this section; and

  (d)   state that the authorised compliance officer is authorised to secure the thing for that period.