Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 71

71 Search warrant

(1) If an enforcement officer reasonably believes there may be in any premises property that may be seized under an enforcement warrant, the enforcement officer may apply to a magistrate or a justice of the peace (magistrates court) who is not an official within the meaning of section 12 , for the issue of a search warrant under this section.

(2) The magistrate or justice (
"issuer" ) may refuse to consider the application until the enforcement officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.

Example—

The issuer may require additional information about the application to be given by statutory declaration.

(3) The issuer may issue the warrant only if satisfied there are reasonable grounds for believing there is in the premises property an enforcement officer may seize under an enforcement warrant.

(4) The warrant must be in the approved form and state—

(a) that a stated enforcement officer, or all enforcement officers, may enter the place and exercise the powers under section 72 ; and

(b) if the warrant is to be enforced at night—the hours when the place may be entered; and

(c) the warrant ends 7 days after it is issued.