Document ID: chunk:federal_register_of_legislation:C2004A00599:clause:1_67ep
Version: federal_register_of_legislation:C2004A00599
Segment Type: clause
Provision Reference: sch 1 cl 67EP
Character Range: 38911–40820

67EP  Exercise of monitoring powers under a warrant

 (1) An authorised officer may apply to a magistrate for a warrant in relation to any premises that the authorised officer believes, on reasonable grounds, may contain information or documents relating to low value cargo in relation to which a special reporter has made an abbreviated cargo report.

 (2) Subject to subsection (3), the magistrate must issue a warrant if satisfied, by information on oath or affirmation, that it is reasonably necessary that the authorised officer should have access to the premises for the purposes of finding out whether a special reporter who has made abbreviated cargo reports has complied with the requirements of this Division in relation to individual consignments covered by those reports.

 (3) The magistrate must not issue a warrant unless the authorised officer or someone else has given the magistrate, either orally (on oath or affirmation) 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) state the purpose for which the warrant is issued; and
 (b) identify the premises to which the warrant relates; and
 (c) name the authorised officer who is responsible for executing the warrant; and
 (d) authorise any authorised officer named in the warrant, with such assistance and using such force as is necessary and reasonable, from time to time while the warrant remains in force, to enter the premises and exercise monitoring powers; and
 (e) state the hours during which entry under the warrant is authorised to be made; and
 (f) specify the day (not more than 6 months after the day of issue of the warrant) on which the warrant ceases to have effect.

 (5) A magistrate in a particular State or Territory may issue a monitoring warrant in respect of premises in another State or Territory.