Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_84
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 84
Character Range: 98655–101125

84  Search warrant
 (1) A rail safety officer may apply to a magistrate for the issue of a search warrant in relation to particular railway premises or residential premises if the rail safety officer believes on reasonable grounds that there is, or may be within the next 72 hours, in, or on, railway premises of residential premises a thing or things of a kind that may be evidence of the commission of an offence against a relevant rail safety law.
 (2) If a magistrate is satisfied that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, in, or on, the railway premises or residential premises evidence of the commission of an offence against a relevant rail safety law, the magistrate may issue a search warrant authorising a rail safety officer named in the warrant and any assistants the rail safety officer considers necessary—
 (a) to enter the railway premises or residential premises named or described in the warrant; and
 (b) to search for and seize any thing named or described in the warrant.
 (3) In addition to any other requirement, a search warrant issued under this section must state—
 (a) the offence suspected; and
 (b) the railway premises or residential premises to be searched; and
 (c) a description of the thing for which the search is to be made; and
 (d) any conditions to which the warrant is subject; and
 (e) whether entry is authorised to be made at any time or during stated hours; and
 (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.
 (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the regulation sunder that Act.
 (5) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise a rail safety officer to arrest a person.
 (6) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.
Note: Local provisions will be required here for the issue of warrants (including telephone warrants) and associated matters. These provisions may also need to deal with evidence uncovered that does not relate to the rail safety law offence or offences covered by the warrant, but which may constitute evidence of another rail safety law offence (or any other kind of offence) (see section 85).