Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_314aq:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 314AQ (pt 1/2)
Character Range: 784758–787420

314AQ  Search warrants

Application for warrant
 (1) If:
 (a) an authorised officer reasonably suspects that there may be, at any time within the following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a document or other thing that may afford evidence relating to a contravention of a civil penalty provision in, or an offence against, this Part; and
 (b) the authorised officer reasonably believes that, if a notice under section 314AN were issued for the production of the document or other thing, the document or other thing might be concealed, lost, mutilated or destroyed;
the authorised officer may apply to a magistrate for the issue of a search warrant under this section.

Issue of search warrant
 (2) The magistrate may issue a search warrant authorising:
  (a) the authorised officer or any other person named in the warrant (each an executing officer):
 (i) to enter on the land or on or into the premises, vessel, aircraft or vehicle; and
 (ii) to search the land, premises, vessel, aircraft or vehicle for documents or other things that may afford evidence relating to a contravention of the civil penalty provision or offence, being documents or other things of a kind described in the warrant; and
 (iii) to seize any documents or other things of the kind referred to in subparagraph (ii); and
 (b) the executing officer to use such assistance as the officer thinks reasonably necessary to do a thing specified in paragraph (a); and
 (c) an executing officer who is an authorised officer to use such force against things as the officer thinks reasonably necessary to do a thing specified in paragraph (a).
 (3) However, the magistrate must not issue a search warrant unless:
 (a) the authorised officer or some other person has given to the magistrate an affidavit setting out the grounds on which the issue of the search warrant is being sought; and
 (b) the authorised 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 issue of the search warrant is being sought; and
 (c) the magistrate is satisfied that there are reasonable grounds for issuing the search warrant.

Powers conferred on magistrates
 (4) A power conferred on a magistrate by this section is conferred on the magistrate in a personal capacity and not as a court or a member of a court. The magistrate need not accept the power conferred.
 (5) A magistrate exercising such a power has the same protection and immunity as if the magistrate were exercising that power as, or as a member of, the court of which the