FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 4 - AUDIT POWERS  

DIVISION 3 - MONITORING WARRANTS  

SECTION 27 (Repealed by 74 of 2006)   ISSUE OF MONITORING WARRANTS  

27(1)
An authorised officer may apply to a magistrate for a monitoring warrant in relation to particular premises.

27(2)
Subject to subsection (3), the magistrate may issue the monitoring 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 purpose of finding out whether this Act has been, or is being, complied with.

27(3)
The magistrate must not issue the 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.

27(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 to be responsible for executing the warrant; and

(d) authorise the executing officer and any person assisting that officer, 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 referred to in section 28 ; and

(e) if the premises identified in the warrant comprise or contain a vessel or vehicle - authorise the executing officer and any person assisting that officer to stop the vessel or vehicle (where necessary) for the purpose of boarding it and exercising monitoring powers in relation to it as premises identified in the warrant or as a part of such premises; and

(f) 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

(g) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.

27(5)
A magistrate of a particular State or Territory may issue a monitoring warrant in respect of premises in another State or Territory.