Queensland Consolidated Acts

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 121

Warrants

121 Warrants

(1) An authorised person may apply to a magistrate for a warrant for a place.
(2) An application must be sworn and state the grounds on which the warrant is sought.
(3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example—
The magistrate may require additional information supporting the application to be given by statutory declaration.
(4) The magistrate may issue a warrant if the magistrate is satisfied there are reasonable grounds for suspecting—
(a) there is a particular thing or activity (the
"evidence" ) that may provide evidence of the commission of an offence against this Act; and
(b) the evidence is, or may be within the next 7 days, at the place.
(4A) The magistrate may also issue a warrant if the magistrate is satisfied that—
(a) either of the following apply in relation to a particular place—
(i) a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place;
(ii) the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and
(b) there is evidence at the place (including for paragraph (a) (i) , the vehicle itself) that is relevant to the exercise of powers under this Act relating to dangerous situations.
(5) The warrant must state—
(a) that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this Act; and
(b) the evidence for which the warrant is issued; and
(c) the hours of the day when entry may be made; and
(d) the day (within 14 days after the warrant’s issue) when the warrant ends.
(6) The magistrate must record the reasons for issuing the warrant.



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