Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An inspector may apply to a magistrate for a warrant under this section in relation to particular wine premises.
Note 1: An inspector may apply for a warrant under this section by telephone or fax under section 39ZI.
Note 2: An inspector may also apply for a warrant under this section for the purposes of Parts VIB and VII (see sections 40ZF and 44).
(2) Subject to subsection (3), the magistrate may issue the 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, on the premises a particular thing that may afford evidence of the commission of a label offence.
(3) The magistrate must not issue the 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.
(4) The warrant must:
(a) state the name of the inspector; and
(b) authorise the inspector, with such assistance and by such force as is necessary and reasonable:
(i) to enter the place; and
(ii) to exercise inspection powers on the premises; and
(iii) to seize the thing that might afford evidence; 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 7 days 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.