Commonwealth Consolidated Acts

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Application and issue of warrant

             (1)  A biosecurity enforcement officer may apply to an issuing officer for a warrant.

Note:          Certain warrants may be issued by telephone or fax in urgent cases (see Subdivision B).

Issue of warrant

             (2)  The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that the test in section 489 is met in relation to that kind of warrant.

             (3)  The information must be sworn or affirmed by a biosecurity officer for the following kinds of warrants:

                     (a)  a biosecurity risk assessment warrant;

                     (b)  a biosecurity control order warrant;

                     (c)  a biosecurity response zone warrant;

                     (d)  a biosecurity monitoring zone warrant.

             (4)  An issuing officer must not issue a warrant unless a biosecurity enforcement officer, a biosecurity officer or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

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