Document ID: chunk:federal_register_of_legislation:C2024C00562:section:61:p2
Version: federal_register_of_legislation:C2024C00562
Segment Type: section
Provision Reference: s 61 (pt 2/2)
Character Range: 109776–111660

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 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; and
 (b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
 (6) There shall be stated in a warrant issued under subsection (4):
 (a) the purpose for which the warrant is issued, which shall include a reference to the nature of the offence in relation to which the entry and search are authorised;
 (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;
 (c) a description of the kind of documents, substances, equipment or things to be seized; and
 (d) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.
 (7) Where an inspector seizes any article or thing pursuant to subsection (1) or (2), the inspector may retain the article or thing until the expiration of a period of 60 days after the seizure or, if proceedings for an offence against this Act in respect of which the article or thing may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are terminated.
 (8) The Director may authorise any article or thing seized under subsection (1) or (2) to be released to the owner, or to the person from whom the article or thing was seized, either unconditionally or on such conditions as the Director thinks fit, including conditions as to the giving of security for payment of the value of the article or thing if it is forfeited under section 39.