sec.128Special warrants

sec.128 Special warrants

An inspector may apply for a warrant (a special warrant ) by electronic communication, fax, phone, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location. Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. The inspector may apply for the warrant before the application is sworn. After issuing the special warrant, the magistrate or justice of the peace (qualified) must immediately electronically communicate or fax a copy to the inspector if it is reasonably practicable to do so. If it is not reasonably practicable to electronically communicate or fax a copy to the inspector— the magistrate or justice must tell the inspector— what the terms of the warrant are; and the date and time the warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s or justice’s name; and the date and time the magistrate or justice issued the warrant; and the terms of the special warrant. The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate or justice. The inspector must, at the first reasonable opportunity, send the magistrate or justice— the sworn application; and if the inspector completed a warrant form—the completed warrant form. On receiving the documents, the magistrate or justice must attach them to the warrant. If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power. (sec.128-ssec.1) An inspector may apply for a warrant (a special warrant ) by electronic communication, fax, phone, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location. (sec.128-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (sec.128-ssec.3) The inspector may apply for the warrant before the application is sworn. (sec.128-ssec.4) After issuing the special warrant, the magistrate or justice of the peace (qualified) must immediately electronically communicate or fax a copy to the inspector if it is reasonably practicable to do so. (sec.128-ssec.5) If it is not reasonably practicable to electronically communicate or fax a copy to the inspector— the magistrate or justice must tell the inspector— what the terms of the warrant are; and the date and time the warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s or justice’s name; and the date and time the magistrate or justice issued the warrant; and the terms of the special warrant. (sec.128-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate or justice. (sec.128-ssec.7) The inspector must, at the first reasonable opportunity, send the magistrate or justice— the sworn application; and if the inspector completed a warrant form—the completed warrant form. (sec.128-ssec.8) On receiving the documents, the magistrate or justice must attach them to the warrant. (sec.128-ssec.9) If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.