Industrial Chemicals (Notification and Assessment) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 21 1

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Industrial Chemicals (Notification and Assessment) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Chemicals (Notification and Assessment) Act 1989.

Dated 11 February 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

GARY JOHNS

 Assistant Minister for Industrial Relations

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1.   Amendment

1.1   The Industrial Chemicals (Notification and Assessment) Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New regulation 11A

2.1   After regulation 11, insert:

Search warrants

“11A.

For the purposes of subsection 87 (2) of the Act, the form of search warrant in Schedule 1A is prescribed.”.

3.   New Schedule 1A

3.1   After Schedule 1, insert:

SCHEDULE 1A

Regulation 11A

COMMONWEALTH OF AUSTRALIA

Industrial Chemicals (Notification and Assessment ) Act 1989

SEARCH WARRANT UNDER SUBSECTION 87 (2)

TO (name and address of inspector), an inspector within the meaning of section 5 of the Industrial Chemicals (Notification and Assessment) Act 1989 (“the Act”):

This warrant is issued on the basis that:

• (a)

  an information on oath has been laid before me alleging that there are reasonable grounds for suspecting that there may be upon or in the premises mentioned below a particular thing that may afford evidence as to the commission of an offence against the Act (within the meaning of subsection 87 (8) of the Act); and

• (b)

  the information set out those grounds; and

• (c)

  I have been given, either orally or by affidavit, the further information (if any) that I required concerning the grounds on which the issue of this warrant was being sought; and

• (d)

  I am satisfied that there are reasonable grounds for issuing this warrant.

The purpose for which this warrant is issued is to authorise you to do each of the matters set out below in relation to the following offence, namely (state nature of the offence in relation to which the entry and search are authorised).

This warrant authorises you, with assistance, and by such force, as is necessary and reasonable, * at any time of the day or night / * during the following hours of the day or night (specify the hours):

• (a)

  to enter the premises at (address); and

• (b)

  to search the premises for a particular thing (specify the thing), being a thing of the kind described below, that may afford evidence as to the commission of the offence; and

• (c)

  if you find the thing on or in the premises—to seize the thing.

The kind of things to be seized is as follows: (description of the kind of things to be seized).

THIS WARRANT CEASES TO HAVE EFFECT ON (date not later thanone month after the dayof issue ofthe warrant).

Issued by me (full name and designation of magistrate).

On (date).

(signature of magistrate)

* Omit whichever is inapplicable

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 February 1994.

2. Statutory Rules 1990 No. 231 as amended by 1990 No. 440; 1991 No. 165; 1992 No s. 29, 245 and 282; 1993 No. 35.