Document ID: chunk:federal_register_of_legislation:C2004C00776:section:13
Version: federal_register_of_legislation:C2004C00776
Segment Type: section
Provision Reference: s 13
Character Range: 7446–9259

13  Warrants to enter premises

 (1) If an authorised person suspects on reasonable grounds that there is on particular premises a book, document or thing relating to a seafarer berth, the person may apply to a Magistrate for a warrant under this section.

 (2) If the Magistrate is satisfied, by information on oath or affirmation, that:
 (a) there are reasonable grounds for believing that there is on the premises a book, document or thing relating to a berth on a prescribed ship, on which levy is, or may be, payable; and
 (b) the issue of a warrant is reasonably required for the purposes of this Act;
the Magistrate may issue a warrant authorising the applicant to enter the premises with such assistance, and using such force, as is necessary and reasonable for the purpose of exercising some or all of the powers of an authorised person under subsection 12(2).

 (3) The Magistrate must not issue a warrant 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.

 (4) There must be stated in the warrant:
 (a) the purpose for which the warrant is issued; and
 (b) the powers exercisable under subsection 12(2) by the authorised person to whom the warrant is issued; and
 (c) a day (not more than 7 days after the day of issue of the warrant) on which the warrant ceases to have effect; and
 (d) whether entry is authorised to be made at any time of the day or night, or during specified hours of the day or night; and
 (e) a description of the book, document or thing that the applicant suspects are on the premises.