Northern Territory Numbered Acts

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RAIL SAFETY ACT 2010 (NO 10 OF 2010) - SECT 86

Search warrant

    (1)     A rail safety officer may apply to a Justice for the issue of a search warrant in relation to particular railway premises or residential premises if the officer reasonably believes there is, or may be within the next 72 hours, in or on the railway premises or residential premises a thing of a kind that may be evidence of the commission of an offence against this Act.

    (2)     An application for a search warrant:

    (a)     may be made:

        (i)     orally before a Justice; or

        (ii)     in any other manner prescribed; and

    (b)     must be supported by evidence on oath or in an affidavit.

    (3)     If a Justice is satisfied there are reasonable grounds for believing that there is, or may be within the next 72 hours, in or on the railway premises or residential premises evidence of the commission of an offence against this Act, the Justice may issue a search warrant authorising a rail safety officer named in the warrant and any assistants the officer considers necessary:

    (a)     to enter the railway premises or residential premises named or described in the warrant; and

    (b)     to search for and seize a thing in accordance with the terms of the warrant.

    (4)     In addition to any other requirement, a search warrant issued under this section must specify the following:

    (a)     the relevant offence;

    (b)     the railway premises or residential premises to be searched;

    (c)     a description of the thing for which the search is to be made;

    (d)     any conditions to which the warrant is subject;

    (e)     whether entry is authorised to be made at any time or during specified hours;

    (f)     a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect;

    (g)     any other prescribed information.



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