FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 4 - AUDIT POWERS  

DIVISION 4 - SEARCH WARRANTS  

SECTION 29 (Repealed by 74 of 2006)   ISSUE OF SEARCH WARRANT  

29(1)
An authorised officer may apply to a magistrate for a search warrant in relation to particular premises.

29(2)
Subject to subsection (3), a magistrate may issue the warrant if satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material on the premises.

29(3)
A 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 search warrant is being sought.

29(4)
If a magistrate issues a warrant, the magistrate must state in the warrant:

(a) the offence to which the warrant relates; and

(b) a description of the warrant premises; and

(c) the kind of evidential material that is to be searched for under this warrant; and

(d) the name of the authorised officer who is to be responsible for executing the warrant; and

(e) the period for which the warrant remains in force, which must not be more than 7 days; and

(f) whether the warrant may be executed at any time or only during particular hours; and

(g) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (c)) found at the premises in the course of the search that the executing officer or a person assisting that officer believes on reasonable grounds to be:

(i) evidential material in relation to an offence to which the warrant relates; or

(ii) a thing relevant to another offence against this Act;

if the officer or person assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act.

29(5)
Paragraph (4)(e) does not prevent the issue of successive warrants in relation to the same premises.

29(6)
If the application for the warrant is made under section 33 , this section applies as if:

(a) subsection (2) refers to 48 hours rather than 72 hours; and

(b) paragraph (4)(e) refers to 48 hours rather than 7 days.

29(7)
A magistrate of a particular State or Territory may issue a search warrant in respect of a particular premises in another State or Territory.