ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 116 Entering premises under warrant

Commonwealth Numbered Acts

Entering premises under warrant

(1): A commissioner may apply to a magistrate for a warrant authorising the commissioner or a person authorised by the commissioner to enter any land, building or place if the commissioner has reason to believe that it is necessary or desirable for the purposes of an inquiry for the commissioner or person to enter the land, building or place for the purposes of the inquiry.

: Note: Section 117 allows applications for warrants to be made by telephone.

(2): If the magistrate is satisfied by information on oath or affirmation that the issue of the warrant is reasonably required for the purposes of the inquiry, he or she may grant a warrant authorising the person named in the warrant to enter the land, building or place for the purposes specified in the warrant.
(3): The magistrate must specify in the warrant the date after which the warrant ceases to have effect.
(4): The person named in a warrant may not enter the land, building or place if:

(a): the person occupying or in charge of the land, building or place asks the person named in the warrant to produce his or her identity card or other written evidence of his or her identity; and
(b): the person named in the warrant does not produce it.

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