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HERITAGE ACT 1995 - SECT 150A Search warrant for residence S. 150A(1) amended by No. 19/2004 s. 28(1). (1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular registered place which is a residence, or a particular place which is a residence in or on which a registered object is located, if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the place a particular thing that may be evidence of the commission of an offence against this Act or the regulations. S. 150A(2) amended by No. 19/2004 s. 28(2). (2) A magistrate may issue a search warrant under this section if the magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on a registered place that is a residence, or on a particular place that is a residence in or on which a registered object is located, a particular thing that may be evidence of the commission of an offence against this Act or the regulations. (3) The search warrant may authorise an inspector named in the warrant and any assistants the inspector considers necessary— (a) to enter the place, or the part of the place, named or described in the warrant; and (b) to search for a thing named or described in the warrant. (4) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and (b) the place to be searched; and (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. S. 150B inserted by No. 70/2000 s. 20. HERITAGE ACT 1995 - SECT 150B Announcement before entry of residence on warrant (1) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector must announce that he or she is authorised by the warrant to enter the place and give any person at the place an opportunity to allow entry to the place. (2) The inspector or a person assisting the inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. S. 150C inserted by No. 70/2000 s. 20. HERITAGE ACT 1995 - SECT 150C Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at a place when a search warrant is being executed, the inspector must— (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. S. 150D inserted by No. 70/2000 s. 20. HERITAGE ACT 1995 - SECT 150D Powers of inspectors on entry on warrant An inspector who exercises a power of entry of a place under section 150A may if the thing searched for is found during the search— (a) inspect and take photographs (including video recordings), or make sketches, of the place or the thing; and (b) inspect and make copies of, or take extracts from, the thing if it is a document. S. 150E inserted by No. 74/2003 s. 8. HERITAGE ACT 1995 - SECT 150E Court order for entry to residence S. 150E(1) amended by No. 19/2004 s. 29. (1) An inspector or a person authorised by the Heritage Council ( authorised person ) may apply to a magistrate for an order permitting entry to a residence, other than a registered place, for the purpose of investigating its cultural heritage significance or the cultural heritage significance of an object in or on that residence if— (a) the occupier of the residence refuses to give written consent to entry under section 150(2); or (b) after reasonable efforts have been made by the inspector or authorised person to locate the occupier, the inspector or authorised person is satisfied the residence is unoccupied. (2) The inspector or authorised person must serve a copy of an application under subsection (1)(a) on the occupier of the residence, not later than 14 days before the day for hearing the application. (3) The magistrate may make an order under this section if the magistrate is satisfied— (a) by evidence on oath, whether oral or by affidavit, of the matters set out in subsection (1); and (b) that entry is warranted in all the circumstances. (4) An order under this section— (a) must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect; and (b) may authorise an inspector or authorised person named in the order and any assistants the inspector or authorised person considers necessary to enter the residence described in the order. (5) An order made under this section has effect and may be enforced as if it were an order or judgment made by the Magistrates' Court under the Magistrates' Court Act 1989 . (6) In this section, "residence" means a building or part of a building ordinarily used as a residence. S. 150F inserted by No. 74/2003 s. 8.
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