Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 89

    (1)     An authorised person may apply to a magistrate for a warrant to enter and search premises or a vehicle.

    (2)     The application must be sworn and state the grounds on which the warrant is sought.

Note     Swear an oath includes make an affirmation (see Legislation Act, dict, pt 1, def swear ).

    (3)     The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

    (4)     The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—

        (a)     there is a particular thing or activity connected with an offence against this Act; and

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

        (b)     the thing or activity—

              (i)     is, or is being engaged in, at the premises or in the vehicle; or

              (ii)     may be, or may be engaged in, at the premises or in the vehicle within the next 3 days.

    (5)     Also, the magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—

        (a)     a vehicle has been, or may have been, involved in an offence against this Act or a dangerous situation; and

Note     Dangerous situation —see the dictionary.

        (b)     either—

              (i)     the vehicle is, or has been, located at the premises; or

              (ii)     the premises are, or may be, connected (directly or indirectly) with the vehicle or part of the vehicle's equipment or load.

    (6)     The warrant must state—

        (a)     that an authorised person may, with any reasonable and necessary force and assistance, enter the premises or vehicle and exercise the person's powers under this part; and

Note 1     An authorised person may enter the premises with any reasonable and necessary force and assistance (see s 72 (5)). However, only a police officer may use force against a person (see s 72 (6)).

Note 2     An authorised person's powers include the power to search the premises or vehicle (see s 75 (2)).

        (b)     the reason for which the warrant is issued; and

        (c)     the things that may be seized under the warrant; and

        (d)     the hours when the premises or vehicle may be entered; and

        (e)     the date (within 3 days after the day the warrant is issued) that the warrant ends.

    (7)     In this section:

"connected"—an activity is connected with an offence if—

        (a)     the offence has been committed by engaging or not engaging in it; or

        (b)     it will provide evidence of the commission of the offence.