Document ID: chunk:federal_register_of_legislation:C2024C00499:section:25
Version: federal_register_of_legislation:C2024C00499
Segment Type: section
Provision Reference: s 25
Character Range: 38822–40479

25  Monitoring warrants
 (1) An authorised officer may apply to a magistrate for a monitoring warrant under this section in relation to particular premises.
 (2) Subject to subsection (3), the magistrate is to issue a monitoring warrant if the magistrate is satisfied, by information on oath or affirmation, that:
 (a) the occupier of the premises has not consented to the officer entering the premises; and
 (b) it is reasonably necessary that the officer should have access to the premises for the purpose of finding out whether any nominated goods, or documents relating to any nominated goods, are on the premises.
 (3) The magistrate must not issue a monitoring warrant unless the 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) The monitoring warrant must:
 (a) authorise an authorised 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:
 (i) to enter the premises; and
 (ii) to exercise powers of the kind set out in paragraphs 24(2)(b), (c), (e), (f) and (g) in relation to the premises; and
 (b) state whether an entry under the warrant 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 7 days after the day on which the warrant is issued) on which the warrant ceases to have effect; and
 (d) state the purpose for which the warrant is issued.

Part 9—Offences