Document ID: chunk:federal_register_of_legislation:C2004A00398:clause:3_10b
Version: federal_register_of_legislation:C2004A00398
Segment Type: clause
Provision Reference: sch 3 cl 10B
Character Range: 15515–16934

10B  Monitoring warrants

 (1) An authorized officer 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 a warrant if satisfied, by information on oath or affirmation, that it is reasonably necessary that the authorized officer should have access to the premises for the purpose of finding out whether any or all of the provisions of this Act are being complied with.

 (3) The magistrate must not issue a warrant unless the authorized officer or another person has given the magistrate, either orally (on oath or affirmation) or by affidavit, such further information as the magistrate requires about the grounds on which the issue of the warrant is being sought.

 (4) A warrant must:
 (a) authorize an authorized officer named in the warrant, with such assistance and by such force as is necessary and reasonable, from time to time, while the warrant remains in force, to enter the premises and exercise powers of the kind set out in section 10 in relation to the premises; and
 (b) state whether an entry under the warrant is authorized 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 6 months 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.