Document ID: chunk:federal_register_of_legislation:C2007A00086:clause:1_56:p1
Version: federal_register_of_legislation:C2007A00086
Segment Type: clause
Provision Reference: sch 1 cl 56 (pt 1/2)
Character Range: 56870–59509

56  Subsections 31(3) to (6)
Repeal the subsections, substitute:

Warrants

 (3) An authorised person may apply to a magistrate for a warrant under this section in relation to land or premises or a vehicle, ship or aircraft.

 (4) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting a person has contravened or is contravening a civil penalty provision or has committed or is committing an offence against this Act.

 (5) The warrant must:
 (a) authorise an authorised person to exercise the powers set out in subsection (1) of this section and section 32 in relation to the land, premises, vehicle, ship or aircraft; 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 7 days 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.

Emergency exercise of powers

 (6) An authorised person may exercise the powers set out in subsection (1) of this section and section 32 in relation to land or premises or a vehicle, ship or aircraft if the person believes on reasonable grounds that:
 (a) there is situated upon the land, or upon or in the premises, vehicle, ship or aircraft, any article or thing that may afford evidence of a contravention of a civil penalty provision or an offence against this Act; and
 (b) the exercise of those powers is necessary to prevent the concealment, loss or destruction of the article or thing.

 (7) However, subsection (6) does not apply unless the powers set out in subsection (1) of this section and section 32 are exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under subsection (4) of this section.

Stopping and detaining vehicles, ships or aircraft

 (8) If an authorised person may enter a vehicle, ship or aircraft under subsection (1), the person may stop and detain the vehicle, ship or aircraft:
 (a) for that purpose; and
 (b) for the purpose of exercising a power under paragraph (1)(c), (d), (e), (f), (g) or (h); and
 (c) if the person may enter the vehicle, ship or aircraft in accordance with a warrant in force under subsection (4) or in accordance with subsection (6)—for the purpose of exercising a power under section 32.

Availability of assistance and use of force

 (9) An authorised person may obtain such assistance as is necessary and reasonable