28Search warrants
(1)
An authorised officer may apply to an issuing
officer for the issue of a search warrant if the authorised officer believes
on reasonable grounds that—
(a)
a provision of this Act, the regulations or the
Drug Misuse and Trafficking Act 1985 is
being or has been contravened at any premises, or
(b)
there is in or on any premises any matter or a
thing that is connected with an offence under this Act, the regulations or the
Drug Misuse and Trafficking Act
1985.
(2)
An issuing officer to whom such an application is
made may, if satisfied that there are reasonable grounds for doing so, issue a
search warrant authorising an authorised officer named in the
warrant—
(a)
to enter the premises, and
(b)
to exercise any function of an authorised officer
under this Division.
(3)
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act
2002 applies to a search warrant issued under this
section.
(4)
In this section—
issuing officer means
an authorised officer within the meaning of the Law
Enforcement (Powers and Responsibilities) Act
2002.
matter or a thing
connected with an offence means—
(a)
matter or a thing with respect to which the
offence has been committed, or
(b)
matter or a thing that will afford evidence of
the commission of an offence, or
(c)
matter or a thing that was used, or is intended
to be used, for the purpose of committing the
offence.
offence includes an offence
that there are reasonable grounds for believing has been, or is to be,
committed.
s 28: Am 2022 No 59,
Sch 1.20[8]–[10].