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BUILDING AND CONSTRUCTION INDUSTRY TRAINING LEVY ACT 1999 - SECT 33

Search warrants

    (1)     This section applies if information is laid before a magistrate alleging that an inspector has reasonable grounds for suspecting that there may be—

        (a)     on any land—work in relation to which payment of training levy has not been made, or made fully, in accordance with this Act; or

        (b)     on any premises—

              (i)     a thing of a particular kind connected with a particular offence against this part; or

              (ii)     a document or record relating to work mentioned in paragraph (a);

and the information sets out those grounds.

    (2)     If this section applies, the magistrate may, subject to this section, issue a search warrant authorising the inspector named in the warrant, with the assistance and by the force that is necessary and reasonable—

        (a)     to enter any land or premises described in the warrant; and

        (b)     to search the premises for things of the kind mentioned in subsection (1) (b) (i) or a document or record mentioned in subsection (1) (b) (ii); and

        (c)     to exercise any of the powers listed in section 34 in relation to a thing, document or record to which the warrant refers.

    (3)     A magistrate must not issue a warrant unless—

        (a)     the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires about 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)     The warrant must—

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

        (b)     specify the nature of the offence, or the lack of compliance, in relation to which the entry and search are authorised; and

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

        (d)     specify the date (not later than 1 month after the date when the warrant is issued) when the warrant ceases to have effect.



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