sec.123Special warrants

sec.123 Special warrants

An inspector may apply for a warrant (a special warrant ) by phone, fax, 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 special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. The inspector may apply for the special warrant before the application is sworn. After issuing the warrant, the justice must immediately fax a copy (a facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy. If it is not reasonably practicable to fax a copy to the inspector— the justice must tell the inspector— what the terms of the special warrant are; and the date and time the special warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the justice’s name; and the date and time the justice issued the warrant; and the terms of the 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 special warrant issued by the justice. The inspector must, at the first reasonable opportunity, send to the justice— the sworn application; and if the inspector completed a warrant form, the completed warrant form. On receiving the documents, the justice must attach them to the special warrant. A court must find the exercise of the power by an inspector was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant. (sec.123-ssec.1) An inspector may apply for a warrant (a special warrant ) by phone, fax, 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.123-ssec.2) Before applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (sec.123-ssec.3) The inspector may apply for the special warrant before the application is sworn. (sec.123-ssec.4) After issuing the warrant, the justice must immediately fax a copy (a facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy. (sec.123-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the justice must tell the inspector— what the terms of the special warrant are; and the date and time the special warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the justice’s name; and the date and time the justice issued the warrant; and the terms of the warrant. (sec.123-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 special warrant issued by the justice. (sec.123-ssec.7) The inspector must, at the first reasonable opportunity, send to the justice— the sworn application; and if the inspector completed a warrant form, the completed warrant form. (sec.123-ssec.8) On receiving the documents, the justice must attach them to the special warrant. (sec.123-ssec.9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the special warrant.