Document ID: chunk:federal_register_of_legislation:C2024C00548:section:58
Version: federal_register_of_legislation:C2024C00548
Segment Type: section
Provision Reference: s 58
Character Range: 62338–63692

58  Ordinary warrants

Application for warrant
 (1) A WELS inspector may apply to a magistrate for a warrant to enter WELS premises.

Issue of warrant
 (2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is necessary to enter the WELS premises for one or more of the following purposes:
 (a) determining whether a person is complying with this Act;
 (b) investigating:
 (i) a possible contravention of a civil penalty provision; or
 (ii) a possible offence against this Act.
 (3) However, the magistrate must not issue the warrant unless the WELS inspector 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 warrant is being sought.

Content of warrant
 (4) The warrant must:
 (a) authorise the WELS inspector to enter the premises using such assistance and such force to enter the premises as is necessary and reasonable; 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 week 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.