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Part IIA--Regulation of the possession of classified exotic birds Division 1-Object SECT 57A 57A Object The object of this Part is:

(a)


to comply with Australia's obligations under:

(i)


the Convention on Biological Diversity; and

(ii)


the Convention (as defined by subsection 4(1)); and

(b)


otherwise to further the protection and conservation of the wild fauna and flora of Australia and of other countries;

by regulating the possession of certain exotic birds.

Note: Article 8 of the Convention on Biological Diversity requires each Contracting Party to, among other things, as far as possible and as appropriate:

* promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; and


* prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species; and
* develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations.

Division 2-Prohibition of the unregistered possession of classified exotic birds etc. SECT 57B 57B Unregistered possession of classified exotic birds



Possession of classified exotic birds

(1)


Subject to this section, a person must not, after the end of the transitional period, intentionally possess a classified exotic bird if the person knows that, or is reckless as to whether, the bird is a classified exotic bird.

Penalty: Imprisonment for 5 years.



Possession in accordance with a registration certificate

(2)


Subsection (1) does not apply to the possession of a bird if the possession is in accordance with a registration certificate.

Possession by veterinary practitioners

(3)


Subsection (1) does not apply to the possession by a person of a bird if:

(a)


the person is registered as a veterinary practitioner (however described) under a law of a State or Territory; and

(b)


the possession is of a kind specified in the regulations.

This subsection does not, by implication, limit subsection (5).



Possession notified to Designated Authority during transitional period

(4)


Subsection (1) does not apply to the possession by a person of a bird if all of the following conditions are satisfied:

(a)


the bird does not belong to a species specified in the regulations;

(b)


the possession is at a time during the period of 90 days beginning at the end of the transitional period;

(c)


the bird was in the possession of the person at any time during the transitional period;

(d)


the person notified the Designated Authority in writing of the possession referred to in paragraph (c) before the end of the transitional period.

This subsection does not, by implication, limit subsection (5).



Possession of a kind specified in the regulations

(5)


Subsection (1) does not apply to the possession of a bird if the possession is of a kind specified in the regulations.

Definition

(6)


In this section:

transitional period means the period ending 30 days after the commencement of this section.

Note: Under section 57S, a partnership is treated as a person for the purposes of this Division.

SECT 57C 57C Unlawful transfers of possession of classified exotic birds

Offence

(1)


A person must not intentionally transfer to another person (the recipient) possession of a classified exotic bird if:

(a)


the person knows that, or is reckless as to whether, the bird is a classified exotic bird; and

(b)


the recipient's possession would contravene section 57B; and

(c)


the person knows that, or is negligent as to whether, the recipient's possession would contravene section 57B.

Penalty: 120 penalty units.



Negligence

(2)


For the purposes of this section, a person is taken to be negligent as to whether the recipient's possession would contravene section 57B if, and only if, the person's conduct involves:

(a)


such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

(b)


such a high risk that the recipient's possession would contravene section 57B;

that the conduct merits criminal punishment.

Division 3-Registration certificates SECT 57D 57D Application for registration certificate A person may apply to the Designated Authority for a registration certificate authorising the applicant to possess birds belonging to one or more species of classified exotic bird specified in the application.

Note: This means that the application does not have to identify individual birds—it only needs to specify the species.

SECT 57E 57E Joint applications

(1)


2 or more persons may make a joint application under section 57D.

(2)


If a joint application is made, then, unless the contrary intention appears, a reference in this Division to the applicant is a reference to the joint applicants.

SECT 57F 57F Form of application etc. The application must be:

(a)

in writing; and



(b)

in accordance with the prescribed form or, if no form is prescribed, a form approved by the Minister.

SECT 57G 57G Further information The Designated Authority may refuse to consider the application unless the applicant gives the Designated Authority such further information about the application as the Designated Authority requires.

SECT 57H 57H Grant of registration certificate

(1)

After considering the application, the Designated Authority must grant a registration certificate in accordance with the application.



(2)

This section has effect subject to section 57J (which deals with refusals).

SECT 57J 57J Refusal of registration certificate

Designated Authority to refuse certificate if applicant disqualified

(1)


Except in special circumstances, the Designated Authority must refuse to grant a registration certificate to an applicant or to joint applicants if, at the time the application is made, the applicant, or any of the joint applicants, as the case requires, is:

(a)


a disqualified individual; or

(b)


a disqualified body corporate; or

(c)


a disqualified partnership.

Note: Subsections (2), (3) and (4) define disqualified individual, disqualified body corporate and disqualified partnership respectively.



Disqualified individual

(2)


For the purposes of this section, an individual is a disqualified individual at a particular time if the individual has been convicted of an offence against this Act during the 5-year period ending at that time.

Disqualified body corporate

(3)


For the purposes of this section, a body corporate is a disqualified body corporate at a particular time if:

(a)


the body corporate has been convicted of an offence against this Act during the 5-year period ending at that time; or

(b)


at that time, any of the following individuals is a disqualified individual:

(i)


a director of the body corporate;

(ii)


the secretary of the body corporate;

(iii)


a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.

Disqualified partnership

(4)


For the purposes of this section, a partnership is a disqualified partnership at a particular time if, at that time:

(a)


in a case where a partner is an individual—the partner is a disqualified individual; or

(b)


in a case where a partner is a body corporate—the partner is a disqualified body corporate.

Extended meaning of conviction—orders under section 19B of the Crimes Act 1914

(5)


A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.

Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.



Quashed convictions

(6)


A reference in this section to a conviction does not include a reference to a conviction that has been quashed.

SECT 57K 57K Notification of refusal of application If the Designated Authority refuses an application, the Designated Authority must give written notice of the refusal to the applicant.

SECT 57L 57L Duration of registration certificate

When certificate comes into force

(1)


A registration certificate (the new certificate) comes, or is taken to have come, into force:

(a)


if:

(i)


the applicant for the new certificate already holds a registration certificate (the previous certificate); and

(ii)


the new certificate is granted by way of the renewal of the previous certificate; and

(iii)


the application for the new certificate was made at least 14 days before the expiry of the previous certificate;

immediately after the expiry of the previous certificate; or

(b)

in any other case:



(i)

on the day on which the new certificate is granted; or

(ii)

if the new certificate is granted during the period ending 30 days after the commencement of this section—at the end of that period.



Period for which certificate remains in force

(2)


A registration certificate remains in force for such period, not exceeding 12 months, as the Designated Authority determines.

SECT 57M 57M Conditions of registration certificate

(1)

A registration certificate is subject to such conditions as are specified in the certificate.



(2)

The Designated Authority may, by written notice given to the holder or holders of a registration certificate:

(a)

impose one or more further conditions to which the certificate is subject; or



(b)

revoke or vary any condition:

(i)

imposed under paragraph (a); or



(ii)

specified in the certificate.

(3)

Without limiting the kinds of conditions to which a registration certificate may be subject, the conditions may relate to the following:



(a)

the maximum number of classified exotic birds of a particular species that may be in the possession of the holder or holders of the certificate in accordance with the certificate;

(b)

the keeping of records by the holder or holders of the certificate, where the records relate to classified exotic birds;



(c)

the giving of information to the Designated Authority by the holder or holders of the certificate, where the information relates to classified exotic birds;

(d)

if the registration certificate is held by a partnership—the giving of information to the Designated Authority about any change in the composition of the partnership;



(e)

the care of classified exotic birds.

SECT 57N 57N Offence of contravening conditions The holder, or any of the holders, of a registration certificate must not intentionally contravene a condition of the certificate.

Penalty: 120 penalty units.

SECT 57P 57P Surrender of registration certificate The holder, or any of the holders, of a registration certificate may, at any time, surrender the certificate by:

(a)


returning the certificate to the Designated Authority; and

(b)


giving the Designated Authority written notice that the certificate is surrendered.

SECT 57Q 57Q Cancellation of registration certificate

(1)

Except in special circumstances, the Designated Authority must cancel a registration certificate at a particular time if, at that time, the holder, or any of the holders, of the certificate is:



(a)

a disqualified individual (within the meaning of section 57J); or

(b)

a disqualified body corporate (within the meaning of section 57J); or



(c)

a disqualified partnership (within the meaning of section 57J).

(2)

Except in special circumstances, the Designated Authority must cancel a registration certificate if the holder, or any of the holders, of the certificate has contravened any of the conditions to which the certificate is subject.



(3)

If the Designated Authority cancels a registration certificate, the Designated Authority must give written notice of the cancellation to the holder or holders of the certificate.

Division 4-Operation of State and Territory laws SECT 57R 57R Concurrent operation of State and Territory laws Divisions 2 and 3 are not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with those Divisions.

Division 5-Partnerships SECT 57S 57S Treatment of partnerships Divisions 2 and 3 apply to a partnership as if the partnership were a person, but they apply with the following changes:

(a)

obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners;



(b)

any offence against those Divisions that would otherwise be committed by the partnership is taken to have been committed by each partner who:

(i)

aided, abetted, counselled or procured the relevant act or omission; or



(ii)

was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).

SECT 57T 57T Giving of documents to partnerships For the purposes of Divisions 2 and 3, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.

Division 6-Exotic Birds Committee Subdivision A--Establishment of Committee etc. SECT 57U 57U Exotic Birds Committee



Committee

(1)


There is to be an Exotic Birds Committee.

Composition of Committee

(2)


The Exotic Birds Committee consists of the following members:

(a)


a Chairperson;

(b)


at least 12 other members.

Vacancy not to affect performance of functions etc.

(3)


The performance of the functions, or the exercise of the powers, of the Exotic Birds Committee is not affected only because of there being a vacancy or vacancies in the membership of the Committee.

SECT 57V 57V Functions of Committee



General functions

(1)


The functions of the Exotic Birds Committee are as follows:

(a)


when requested to do so by the Minister, to advise the Minister about a matter relating to the operation of the exotic birds provisions;

(b)


when requested to do so by the Minister, to review and report to the Minister about a matter relating to the operation of the exotic birds provisions;

(c)


when requested to do so by the Designated Authority, to advise the Designated Authority about a matter relating to the operation of the exotic birds provisions.

Functions relating to birds notified under subsection 57B(4)

(2)


If:

(a)


the Designated Authority is notified of the possession of a bird under subsection 57B(4); and

(b)


the Designated Authority has not previously been given a notification under that subsection about a bird of the same species;

the Designated Authority must request the Exotic Birds Committee to advise the Minister about whether or not birds of that species should be specified in Schedule 9.



Definition

(3)


In this section:

exotic birds provisions means the provisions of this Act and the regulations, to the extent to which they relate to classified exotic birds.

SECT 57W 57W Appointment of members



Appointment by Minister

(1)


A member of the Exotic Birds Committee is to be appointed by the Minister by written instrument.

Qualifications of Chairperson of Committee

(2)


The Minister may only appoint a person as the Chairperson of the Exotic Birds Committee if:

(a)


in the opinion of the Minister, the person possesses qualifications and/or expertise relevant to the regulation of classified exotic birds; and

(b)


the person is not an employee of the Commonwealth or of an authority of the Commonwealth; and

(c)


the person does not hold a full-time office under a law of the Commonwealth.

Qualifications of other members of Committee

(3)


The Minister must ensure that each of the other members of the Exotic Birds Committee possesses such qualifications, experience or expertise as the Minister thinks relevant to the performance of the Committee's functions.

Majority of members not to be Commonwealth employees

(4)


The Minister must ensure that persons employed by the Commonwealth or authorities of the Commonwealth do not constitute a majority of the members of the Exotic Birds Committee.

Majority of members not to represent any one body or group

(5)


The Minister must ensure that persons representing any one interest body or group do not constitute a majority of the members of the Exotic Birds Committee.

Subdivision B--Administrative provisions SECT 57X 57X Period of appointment



Term of office of Chairperson

(1)


The Chairperson of the Exotic Birds Committee holds office for such term as is specified in the instrument of appointment. The term must not exceed 3 years.

Term of office of other members

(2)


The other members of the Exotic Birds Committee hold office at the pleasure of the Minister.

SECT 57Y 57Y Basis on which members hold office A member of the Exotic Birds Committee holds office on a part-time basis.

SECT 57Z 57Z Remuneration and allowances

Remuneration to be determined by Remuneration Tribunal

(1)


A member of the Exotic Birds Committee is to be paid such remuneration as is determined by the Remuneration Tribunal.

Remuneration to be prescribed if no determination in operation

(2)


If no determination of that remuneration is in operation, a member of the Exotic Birds Committee is to be paid such remuneration as is prescribed.

Allowances

(3)


A member of the Exotic Birds Committee is to be paid such allowances as are prescribed.

Section has effect subject to the Remuneration Tribunal Act 1973

(4)


This section has effect subject to the Remuneration Tribunal Act 1973.

SECT 57ZA 57ZA Leave of absence



Leave for Chairperson

(1)


The Minister may, by writing, grant leave of absence to the Chairperson of the Exotic Birds Committee from a meeting of the Committee.

Leave for other members

(2)


The Chairperson of the Exotic Birds Committee may, by writing, grant leave of absence to another member of the Committee from a meeting of the Committee.

SECT 57ZB 57ZB Acting appointments



Acting Chairperson

(1)


The Minister may appoint a member of the Exotic Birds Committee to act as the Chairperson of the Committee:

(a)


during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

(b)


during any period, or during all periods, when the Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office;

but a person appointed to act during the vacancy is not to continue so to act for more than 6 months.



Acting member

(2)


The Minister may appoint a person to act as a member of the Exotic Birds Committee (other than as the Chairperson of the Committee):

(a)


during a vacancy in an office of member, whether or not an appointment has previously been made to the office; or

(b)


during any period, or during all periods, when a member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office;

but a person appointed to act during the vacancy is not to continue so to act for more than 6 months.



Validation

(3)


Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

(a)


the occasion for the appointment had not arisen; or

(b)


there was a defect or irregularity in connection with the appointment; or

(c)


the appointment had ceased to have effect; or

(d)


the occasion to act had not arisen or had ceased.

SECT 57ZC 57ZC Disclosure of interests



Disclosure

(1)


A member of the Exotic Birds Committee who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Committee must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the Committee.

Participation

(2)


A disclosure under subsection (1) is to be recorded in the minutes of the meeting of the Exotic Birds Committee and the member must not:

(a)


be present during any deliberation of the Committee in relation to that matter; or

(b)


take part in any decision of the Committee in relation to that matter.

SECT 57ZD 57ZD Resignation A member of the Exotic Birds Committee may resign by writing signed by him or her and sent to the Minister.

SECT 57ZE 57ZE Termination of appointment

Misbehaviour or incapacity

(1)


The Minister may terminate the appointment of a member of the Exotic Birds Committee because of misbehaviour or physical or mental incapacity.

Bankruptcy, conflict of interest etc.

(2)


If a member of the Exotic Birds Committee:

(a)


becomes bankrupt; or

(b)


applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(c)


compounds with his or her creditors; or

(d)


makes an assignment of his or her remuneration for the benefit of his or her creditors; or

(e)


fails, without reasonable excuse, to comply with his or her obligations under section 57ZC or 57ZJ;

the Minister must terminate the appointment of the member.



Unauthorised absence

(3)


If a member of the Exotic Birds Committee is absent, except on leave granted under section 57ZA, from 3 consecutive meetings of the Committee, the Minister must terminate the appointment of the member.

Unsatisfactory performance of individual member

(4)


The Minister may terminate the appointment of a member of the Exotic Birds Committee if the Minister is of the opinion that the performance of the member has been unsatisfactory for a significant period of time.

SECT 57ZF 57ZF Other terms and conditions A member of the Exotic Birds Committee holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice published in the Gazette.

Subdivision C--Operations of the Exotic Birds Committee SECT 57ZG 57ZG Meetings of the Exotic Birds Committee

Chairperson may convene meetings

(1)


The Chairperson of the Exotic Birds Committee may convene a meeting of the Committee at any time.

When Chairperson must convene meeting

(2)


The Chairperson of the Exotic Birds Committee must convene a meeting of the Committee:

(a)


at least once in each financial year; or

(b)


whenever the greater of:

(i)


9 other members of the Committee; or

(ii)


the number of members that constitutes a majority of the members for the time being holding office;

request in writing that a meeting be held.



Minister may convene meeting

(3)


The Minister may convene a meeting of the Exotic Birds Committee at any time.

Quorum

(4)


At a meeting of the Exotic Birds Committee, a quorum is constituted by the greater of:

(a)


9 members; or

(b)


the number of members that constitutes a majority of the members for the time being holding office.

Quorum if member excluded under section 57ZC

(5)


If:

(a)


a member of the Exotic Birds Committee who is present at a meeting is required by section 57ZC not to be present during the deliberations, or to take part in any decision, of the Committee with respect to a particular matter; and

(b)


when the member leaves the meeting, there is no longer a quorum present;

the members remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.



Chairperson to preside at meetings

(6)


The Chairperson of the Exotic Birds Committee is to preside at all meetings of the Committee at which he or she is present.

Arrangements if Chairperson is not present at a meeting

(7)


If the Chairperson of the Exotic Birds Committee is not present at a meeting of the Committee, the Committee members present must elect one of their number to preside at the meeting.

Voting

(8)


Questions arising at a meeting of the Exotic Birds Committee are to be determined by a majority of the votes of the Committee members present and voting.

Vote of person presiding

(9)


The person presiding at a meeting of the Exotic Birds Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

Proceedings and minutes

(10)


The Exotic Birds Committee:

(a)


may regulate the conduct of proceedings at its meetings as it thinks fit; and

(b)


must cause minutes of those proceedings to be kept.

Note: Section 33B of the Acts Interpretation Act 1901 provides for the participation in a meeting by telephone etc.

SECT 57ZH 57ZH Resolutions without meetings

Agreement with resolution

(1)


A resolution is taken to have been passed at a meeting of the Exotic Birds Committee if, without meeting, a sufficient number of Committee members indicate agreement with a resolution in accordance with a method determined by the Committee under subsection (2).

Note: Sufficient number of Committee members is defined by subsection (3).



Determinations

(2)


Subsection (1) applies only if the Exotic Birds Committee:

(a)


determines that it applies; and

(b)


determines the method by which Committee members are to indicate agreement with a resolution.

Sufficient number of Committee members

(3)


In this section:

sufficient number of Committee members, in relation to a resolution, means a majority of the number of members of the Exotic Birds Committee who would have been entitled to vote on the resolution at a meeting of the Committee if they had been present at the meeting.

Subdivision D--Other committees SECT 57ZI 57ZI Committees established by the Exotic Birds Committee



Other committees

(1)


The Exotic Birds Committee may establish such other committees as it considers necessary to assist it in the performance of its functions.

Other committee to include at least one member of Exotic Birds Committee

(2)


A committee established under subsection (1) must include at least one member of the Exotic Birds Committee.

Exotic Birds Committee may determine procedures etc.

(3)


The Exotic Birds Committee may determine, in relation to a committee established under subsection (1):

(a)


the manner in which the committee is to perform its functions; and

(b)


the procedure to be followed at or in relation to meetings of the committee, including matters with respect to:

(i)


the convening of meetings of the committee; and

(ii)


the number of members of the committee that constitutes a quorum; and

(iii)


the selection of a member of the committee to preside at meetings of the committee at which the chairperson of the committee is not present; and

(iv)


the manner in which questions arising at a meeting of the committee are to be decided.

Minutes

(4)


A committee established under subsection (1) is to keep minutes of its proceedings.

SECT 57ZJ 57ZJ Disclosure of interests



Disclosure

(1)


A member of a committee established under section 57ZI who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the committee must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the committee.

Participation

(2)


A disclosure under subsection (1) is to be recorded in the minutes of the meeting and the member must not:

(a)


be present during any deliberation of the committee in relation to that matter; or

(b)


take part in any decision of the committee in relation to that matter.

SECT 57ZK 57ZK Committee established by Exotic Birds Committee--member's appointment to be terminated for non-disclosure of interests



When section applies

(1)


This section applies to a member of a committee established under section 57ZI.

Appointment of member to be terminated for non-disclosure of interests

(2)


The Exotic Birds Committee must terminate the appointment of the member if the member fails, without reasonable excuse, to comply with section 57ZJ.

Power of termination not limited

(3)


Subsection (2) does not, by implication, limit the Exotic Birds Committee's power to terminate the appointment of the member.

Division 7-Monitoring of compliance SECT 57ZL 57ZL Monitoring powers For the purposes of this Division, each of the following powers is a monitoring power in relation to particular premises:

(a)

the power to search the premises;



(b)

the power to take photographs (including a video recording), or to make sketches, of the premises or of any substance or thing at the premises;

(c)

the power to inspect, examine and take samples of, any substance or thing on or in the premises;



(d)

the power to take extracts from, or make copies of, any document, book or record on the premises;

(e)

the power to take onto the premises any equipment or material reasonably necessary for the purpose of exercising a power referred to in paragraph (a), (b), (c) or (d).



SECT 57ZM 57ZM Monitoring searches--occupier gives consent

Entry by consent

(1)


An inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of finding out whether any or all of sections 57B, 57C and 57N are being complied with.

Entry for monitoring purposes

(2)


An inspector may only enter premises under subsection (1) to the extent that it is reasonably necessary for the purpose of finding out whether any or all of sections 57B, 57C and 57N are being complied with.

Exercise of monitoring powers

(3)


If an inspector enters premises under subsection (1), the inspector may exercise monitoring powers in relation to those premises.

Exercise of seizure powers

(4)


If an inspector enters premises under subsection (1), the inspector may exercise powers of seizure conferred on the inspector by section 69B or 69M.

Right to refuse to give consent

(5)


Before obtaining the consent of a person for the purposes of this section, an inspector must tell the person that the person may refuse to give consent.

Consent must be voluntary

(6)


An entry by an inspector in consequence of the consent of a person is not lawful unless the person voluntarily consented to the entry.

Production of identity card etc.

(7)


An inspector is not entitled to:

(a)


enter premises under subsection (1); or

(b)


exercise any powers referred to in subsection (3) or (4) in relation to premises;

if the occupier of the premises has required the inspector to produce written identification for inspection by the occupier and:

(c)

if the inspector is a member of a police force—the inspector fails to produce, for inspection by the occupier, written evidence of the fact that the inspector is a member of that police force; or



(d)

if the inspector is an officer of Customs—the inspector fails to produce, for inspection by the occupier, written evidence of the fact that the inspector is an officer of Customs; or

(e)

if the inspector is neither a member of a police force nor an officer of Customs—the inspector fails to produce the inspector's identity card for inspection by the occupier.



SECT 57ZN 57ZN Monitoring warrants

Application for monitoring warrant

(1)


An inspector may apply to a Magistrate for a warrant under this section in relation to particular premises. The warrant is to be known as a monitoring warrant.

Issue of monitoring warrant

(2)


Subject to subsection (3), the Magistrate may issue the monitoring warrant if he or she is satisfied, by information on oath or affirmation, that it is reasonably necessary that the inspector should have access to the premises for the purpose of finding out whether any or all of sections 57B, 57C and 57N are being complied with.

Information about grounds for issue of monitoring warrant

(3)


The Magistrate must not issue the monitoring warrant unless the inspector or another person has given the Magistrate, either orally (on oath or affirmation) or by affidavit, such further information as the Magistrate requires about the grounds on which the issue of the monitoring warrant is being sought.

Terms of warrant

(4)


The monitoring warrant must:

(a)


authorise an inspector named in the monitoring warrant, with such assistance and by such force as is necessary and reasonable, from time to time while the monitoring warrant remains in force, to enter the premises and exercise monitoring powers; and

(b)


state whether an entry under the monitoring warrant is authorised to be made at any time of the day or night or during specified hours of the day or night; and

(c)


specify the day (not more than 6 months after the issue of the monitoring warrant) on which the monitoring warrant ceases to have effect; and

(d)


state the purpose for which the monitoring warrant is issued.

Seizure powers

(5)


If an inspector enters premises under a monitoring warrant, the inspector may exercise powers of seizure conferred on the inspector by section 69B or 69M.

SECT 57ZO 57ZO Details of monitoring warrant to be given to occupier etc.

(1)

If a monitoring warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector named in the monitoring warrant must make available to that person a copy of the monitoring warrant.



Note: Monitoring warrant is defined by subsection 57ZN(1).

(2)


The inspector named in the monitoring warrant must identify himself or herself to that person at the premises.

(3)


The copy of the monitoring warrant referred to in subsection (1) need not include the signature of the Magistrate or the seal of the relevant court.

SECT 57ZP 57ZP Occupier entitled to be present during search

(1)

If a monitoring warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject to Part 1C of the Crimes Act 1914, entitled to observe the search being conducted.



Note: Monitoring warrant is defined by subsection 57ZN(1).

(2)


The right to observe the search being conducted ceases if the person impedes the search.

(3)


This section does not prevent 2 or more areas of the premises being searched at the same time.

SECT 57ZQ 57ZQ Announcement before entry

(1)

The inspector named in a monitoring warrant must, before any person enters premises under the monitoring warrant:



(a)

announce that he or she is authorised to enter the premises; and

(b)

give any person at the premises an opportunity to allow entry to the premises.



Note: Monitoring warrant is defined by subsection 57ZN(1).

(2)


An inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:

(a)


the safety of a person (including an inspector); or

(b)


that the effective execution of the monitoring warrant is not frustrated.

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