Document ID: chunk:federal_register_of_legislation:C2004A04176:body:0:p4
Version: federal_register_of_legislation:C2004A04176
Segment Type: other
Provision Reference: 
Character Range: 11328–14182

offence punishable on conviction by a fine not exceeding $100.

Monitoring powers—exercised with consent

"32ac. (1) For the purpose of finding out whether the relevant legislation is being complied with, an investigator may, with the consent of, and after producing the investigator's identity card for inspection by, the occupier of prescribed premises, enter, and exercise inspection powers on, the premises.

  "(2) In this section:

'relevant legislation' means this Act, the regulations and the Civil Aviation Orders.

Monitoring warrants

"32ad. (1) An investigator may apply to a magistrate for a warrant under this section in relation to particular prescribed premises.

"(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that it is reasonably necessary that the investigator should have access to the premises for the purpose of finding out whether the relevant legislation is being complied with.

"(3) The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

  "(4) The warrant must:

    (a)     authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable, to enter, and exercise inspection powers on, the premises; 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 one month 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.

  "(5) In this section:

'relevant legislation' has the same meaning as in section 32ac.

Offence powers—exercised with consent

"32ae. (1) Where an investigator has reasonable grounds for suspecting that there is on or in any premises a particular thing that may afford evidence of the commission of an offence against this Act, or the regulations, the investigator may, with the consent of, and after producing the investigator's identity card for inspection by, the occupier of the premises:

  (a)     enter the premises; and

  (b)     search the premises for the thing; and

  (c)     if the thing is found—seize it.

"(2) An investigator who has entered premises under subsection (1) must leave them if asked to do so by their occupier.

Offence related warrants

"32af. (1) An investigator may apply to a magistrate for a warrant under this section in relation to particular premises.

"(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there