Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) 1994 NO. 21

EXPLANATORY STATEMENT

Statutory Rules 1994 No. 21

Issued by the Authority of the Assistant Minister for Industrial Relations

Industrial Chemicals (Notification and Assessment) Act 1989

Industrial Chemicals (Notification and Assessment) Regulations (Amendment)

Section 111 of the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 87 is concerned in part with the issuing of search warrants in relation to offencerelated seizures and searches undertaken in monitoring compliance with the Act.

Subsection 87(2) provides that, where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be evidence of the commission of an offence against the Act, the magistrate may issue a search warrant in accordance with the prescribed form. The form is to authorise an inspector under the Act to exercise powers which are outlined in section 87 of the Act.

Subsection 87(3) provides that a magistrate is not to issue a warrant unless the informant or another person has provided, either orally or by affidavit, any further information which the magistrate requires concerning the grounds on which the warrant has been sought. The magistrate is to be satisfied that there are reasonable grounds for issuing the warrant.

Subsection 87(4) requires that the warrant state the purpose for which it is issued and the nature of the offence in relation to which an entry and search are authorised; the time at which the search is authorised; a description of the kinds of things which are to be seized and the day on which the warrant will cease to have effect.

Subsection 87(8) provides a range of offences, for the purposes of the Act.

A search warrant form has been prescribed, for the purposes of the Act.

Regulation 11A has been inserted into the Industrial Chemicals (Notification and Assessment) Regulations (the Regulations) to provide that, for the purposes of subsection 87(2) of the Act, the form of search warrant in Schedule 1A to the Regulations is prescribed.

Schedule 1A has been inserted as a schedule to the Regulations. Schedule 1A has the following features

•       the search warrant is to be addressed to an inspector under the Act

•       it is to be issued on the basis that

-       an information an oath has been laid before the magistrate issuing the warrant alleging that there are sufficient grounds for suspecting that there may be, at the premises named in the warrant, evidence as to the commission of an offence against the Act

-       the information set out the grounds

-       the magistrate has been given any additional relevant information in relation to the issuing of the warrant; and that the magistrate is satisfied that there are reasonable grounds for issuing the warrant

•       the search warrant authorises an inspector to enter premises (at a time specified in the warrant); to search for a thing or for kinds of things (which are to be detailed in the warrant) and to seize these things, if they are found on the premises

•       the warrant is to specify a date, not later than one month after which it was issued, on which it ceases to have effect.


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