Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 273

Search warrants

273. (1) Where an inspector suspects on reasonable grounds that there is in or on any place a thing of a particular kind connected with a particular offence against this Part or the regulations, the inspector may—

        (a)     lay before a magistrate an information on oath setting out those grounds; and

        (b)     apply for the issue of a warrant to search the place for things of that kind.

(2) Where an application is made under subsection (1) for a warrant to search a place, a magistrate may, subject to subsection (3), issue a warrant authorising an inspector named in the warrant, with such assistance and by such force as is necessary and reasonable—

        (a)     to enter the place;

        (b)     to ascertain whether or not a controlled activity is being conducted in or on the place;

        (c)     to search the place for things of the kind specified in the warrant; and

        (d)     to seize any thing found in the course of the search that the inspector believes on reasonable grounds to be a thing of that kind connected with the relevant offence.

(3) A magistrate shall not issue a warrant under subsection (2) unless—

        (a)     the informant or another person has given the magistrate, either orally or by affidavit, any further information that 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) A warrant shall—

        (a)     state the purpose for which it is issued;

        (b)     specify the nature of the relevant offence;

        (c)     specify particular hours during which the entry is authorised, or state that the entry is authorised at any time of the day or night;

        (d)     include a description of the kinds of things in relation to which the powers under the warrant may be exercised; and

        (e)     specify the date, being a date not later than 28 days after the date of issue of the warrant, on which the warrant ceases to have effect.



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