Div 5Miscellaneous

Division 5—Miscellaneous 53—Warrant procedures (1) The Magistrates Court must not issue a warrant for the purposes of this Part unless satisfied that the warrant is reasonably required in the circumstances. (2) An application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before the Court, electronically or by telephone. (3) The grounds of an application for a warrant must be verified by affidavit. (4) If an application for a warrant is made electronically, the following provisions apply: (a) the application must be in a form approved by the Chief Magistrate; (b) the application must be accompanied by an affidavit made by the applicant verifying the facts referred to in the application; (c) the applicant must be available to address the Court by telephone or electronic means determined by the Court; (d) the Court is entitled to assume, without further inquiry, that a person who identifies themself as the applicant acting in the capacity of an authorised officer during a conversation with the Court by telephone or electronic means is indeed the applicant acting in that capacity; (e) the Court may, on being satisfied as to the circumstances of urgency and the grounds for the issue of a warrant, make out and sign a warrant; (f) the warrant is to be taken to have been issued, and comes into force, when signed on behalf of the Court; (g) the Court must forward the warrant to the applicant by electronic means. (5) If an application for a warrant is made by telephone, the following provisions apply: (a) the applicant must inform the Court of the applicant's name and identify themself as an authorised officer and the Court, on receiving that information, is entitled to assume its accuracy without further inquiry; (b) the applicant must inform the Court of the purpose for which the warrant is required, the grounds on which it is sought and the circumstances giving rise to the urgency of the application; (c) the Court may, on being satisfied as to the circumstances of urgency and the grounds for the issue of the warrant, inform the applicant of the facts on which the Court relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; (d) if the applicant gives such an undertaking, the Court may then issue a warrant; (e) the warrant is to be taken to have been issued, and comes into force, when signed on behalf of the Court; (f) the Court must inform the applicant of the terms of the warrant; (g) the applicant must fill out and sign a warrant form (the duplicate warrant) that— (i) sets out who issued the warrant and the terms of the warrant; and (ii) complies with any other prescribed requirements; (h) the applicant must, as soon as practicable after the issue of the warrant, forward to the Court an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant. (6) A warrant, if not executed at the expiration of 1 month from the date of its issue, then expires. 54—Self‑incrimination (1) It is not an excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) However, if compliance by an individual with a requirement under this Act might tend to incriminate the individual or make the individual liable to a penalty, then— (a) in the case of an individual who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the individual in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).