Document ID: chunk:federal_register_of_legislation:F2016C00699:clause:1_24
Version: federal_register_of_legislation:F2016C00699
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 27951–30130

24  Obtaining a warrant
 (1) If an authorised officer believes on reasonable grounds that there is, or there will be within the next 72 hours, evidence of an offence at a residence, at unattended premises or at an unattended vehicle or equipment, the authorised officer may apply to a Magistrate for a warrant authorising him or her to enter the premises, vehicle or equipment and seize the evidence.
 (2) The application must be made by information on oath, and must include:
 (a) the purpose for which the warrant is to be issued and the nature of the offence the authorised officer suspects has been or is likely to be committed; and
 (b) a description of the residence, premises, vehicle or equipment; and
 (c) the type of evidence to be searched for and seized; and
 (d) whether consent to enter the residence, premises, vehicle or equipment has been sought, and whether:
 (i) consent has been refused or withdrawn; or
 (ii) consent has been unable to be obtained after reasonable efforts have been made to obtain it; and
 (e) if the officer assumes that consent will not be given if it is sought‑the grounds on which that assumption was made; and
 (f) whether the powers authorised by the warrant will need to be exercised at any time of the day or night or between specified hours; and
 (g) the period for which the authorised officer believes the warrant needs to remain in force.
 (3) The Magistrate must not issue a warrant unless he or she is satisfied that there are reasonable grounds for doing so.
 (4) If the Magistrate decides to issue a warrant, the Magistrate must state in the warrant:
 (a) the name of the authorised officer to whom it is directed; and
 (b) the purpose for which the warrant is issued and the nature of the offence the authorised officer suspects has been, is being or will be committed; and
 (c) a description of the residence, premises, vehicle or equipment; and
 (d) the type of evidence to be searched for and seized; and
 (e) whether the powers authorised by the warrant may be exercised at any time of the day or night or between specified hours; and
 (f) the period for which the warrant is to remain in force (not exceeding 7 days).