Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 167

  (1)   An inspector may apply to a magistrate for a search warrant for a place.

  (2)   The application must be sworn and state the grounds on which the warrant is sought.

  (3)   The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example:   The magistrate may require additional information supporting the application to be given by statutory declaration.

  (4)   The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting:

  (a)   there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and

  (b)   the evidence is, or may be within the next 72 hours, at the place.

  (5)   The search warrant must state:

  (a)   that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector's compliance powers; and

  (b)   the offence for which the search warrant is sought; and

  (c)   the evidence that may be seized under the search warrant; and

  (d)   the hours of the day or night when the place may be entered; and

  (e)   the date, within 7 days after the search warrant's issue, the search warrant ends.