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someone else has given the magistrate, either orally or by affidavit, any
further information the magistrate may require about the grounds on
which the issue of the warrant is being sought.
(4) The warrant must:
(a) authorise an investigator named in the warrant, with such assistance
and by such force as is necessary and reasonable, to enter, and
exercise inspection powers on, the premises; and
(b) state whether the entry is authorised to be made at any time of the
day or night or during specified hours of the day or night; and
(c) specify the day (not more than one month after the issue of the
warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
(5) In this section:
relevant legislation has the same meaning as in section 32AC.
32AE Offence powers — exercised with consent
(1) Where an investigator has reasonable grounds for suspecting that there is
on or in any premises a particular thing that may afford evidence of the
commission of an offence against this Act, or the regulations, the
investigator may, with the consent of, and after producing the
investigator’s identity card for inspection by, the occupier of the
premises:
(a) enter the premises; and
(b) search the premises for the thing; and
(c) if the thing is found — seize it.
(2) An investigator who has entered premises under subsection (1) must
leave them if asked to do so by their occupier.
32AF Offence related warrants
(1) An investigator may apply to a magistrate for a warrant under this section
in relation to particular premises.
(2) Subject to subsection (3), the magistrate may issue the warrant if
satisfied, by information on oath, that there are reasonable grounds for
Subsection
32AD (1A)
commences at
the same time
as provision(s)
covered by
section 26A
table item 2
(Act No.
102/2006).
62 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
suspecting that there is, or there may be within the next 72 hours, on the
premises a particular thing that may afford evidence of the commission of
an offence against this Act or the regulations.
(3) The magistrate must not issue the warrant unless the investigator or
someone else has given the magistrate, either orally or by affidavit, any
further information the magistrate may require about the grounds on
which the issue of the warrant is being sought.
(4) The warrant must:
(a) authorise an investigator named in the warrant, with such assistance
and by such force as is necessary and reasonable:
(i) to enter the premises; and
(ii) to search the premises for the thing; and
(iii) if the thing is found — to seize it; and
(b) state whether the entry is authorised to be made at any time of the
day or night or during specified hours of the day or night; and
(c) specify the day (not more than one week after the issue of the
warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
32AG Warrants may be granted by telephone
(1) Where, because of circumstances of urgency, an investigator thinks it
necessary to do so, the investigator may apply for a warrant under section
32AF by telephone, in accordance with this section.
(2) Before making such an application, an investigator must prepare an
information of the kind mentioned in subsection 32AF (2) that sets out
the grounds on which the issue of the warrant is being sought, but may, if
it is necessary to do so, make the application before the information has
been sworn.
(3) Where a magistrate to whom an application under this section is made is
satisfied:
(a) after having considered the terms of the information prepared under
subsection (2); and
(b) after having received any further information that the magistrate may
require about the grounds on which the issue of the warrant is being
sought;
that there are reasonable grounds for issuing the warrant, the magistrate
must complete and sign a warrant that is the same as the warrant that the
magistrate would issue under section 32AF if the application had been
under that section.
(4) Where a magistrate signs a warrant under subsection (3):
(a) the magistrate must inform the investigator of the terms of the
warrant, the date and time when it was signed, and the day on which
it ceases to have effect, and record on the warrant the reasons for
issuing it; and
Civil Aviation Act 1988 63
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