Document ID: chunk:federal_register_of_legislation:C2016C00940:section:25:p1
Version: federal_register_of_legislation:C2016C00940
Segment Type: section
Provision Reference: s 25 (pt 1/2)
Character Range: 25186–27785

25  Offence‑related searches and seizures
 (1) Where an inspector has reasonable grounds for suspecting that there may be on any land or premises any article or thing that may afford evidence as to the commission of an offence against this Act, the inspector may:
 (a) with the consent of the occupier of the land or premises; or
 (b) pursuant to a warrant issued under subsection (4);
enter upon the land, or upon or into the premises, and:
 (c) search the land or premises for any such article or thing; and
 (d) seize any such article or thing found upon the land or upon or in the premises.
 (2) Where an inspector has reasonable grounds for suspecting that there is in any vessel, aircraft or vehicle any article or thing that may afford evidence as to the commission of an offence against this Act, the inspector may:
 (a) with the consent of the person in control of the vessel, aircraft or vehicle; or
 (b) pursuant to a warrant issued under subsection (4);
enter the vessel, aircraft or vehicle and:
 (c) search the vessel, aircraft or vehicle for any such article or thing; and
 (d) seize any such article or thing found in the vessel, aircraft or vehicle.
 (3) Where an inspector may enter a vessel, aircraft or vehicle under subsection (2), the inspector may, for the purpose of effecting that entry and for the purpose of exercising a power referred to in paragraph (2)(c) or (d), stop and detain the vessel, aircraft or vehicle.
 (4) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon any land or upon or in any premises, vessel, aircraft or vehicle, any article or thing that may afford evidence as to the commission of an offence against this Act and the information sets out those grounds, the Magistrate may issue a search warrant, in accordance with the appropriate form prescribed for the purposes of this subsection, authorising an inspector named in the warrant, with such assistance as the inspector thinks necessary, and if necessary by force:
 (a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
 (b) to search the land, premises, vessel, aircraft or vehicle for any such article or thing; and
 (c) to seize any article or thing that the inspector:
 (i) finds upon the land or upon or in the premises, vessel, aircraft or vehicle; and
 (ii) believes on reasonable grounds may be an article or thing connected with that offence.
 (5) A Magistrate shall not issue a warrant under subsection (4) unless:
 (a) the informant or some other person has given to