sec.37Warrants—applications made other than in person

sec.37 Warrants—applications made other than in person

An inspector may apply for a warrant by phone, fax, radio or other 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 warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy. If it is not reasonably practicable to fax a copy of the warrant to the inspector— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the date and time the warrant was issued; and the inspector must complete a form of warrant ( warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate 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 warrant issued by the magistrate. The inspector must, at the first reasonable opportunity, send the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form. On receiving the documents, the magistrate must attach them to the warrant. Subsection (10) applies to a court if— an issue arises, in a proceeding in or before the court, whether a power exercised by an inspector was not authorised by a warrant issued under this section; and the warrant is not produced in evidence. The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved. (sec.37-ssec.1) An inspector may apply for a warrant by phone, fax, radio or other 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.37-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (sec.37-ssec.3) The inspector may apply for the warrant before the application is sworn. (sec.37-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy. (sec.37-ssec.5) If it is not reasonably practicable to fax a copy of the warrant to the inspector— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the date and time the warrant was issued; and the inspector must complete a form of warrant ( warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the warrant. (sec.37-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. (sec.37-ssec.7) The inspector must, at the first reasonable opportunity, send the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form. (sec.37-ssec.8) On receiving the documents, the magistrate must attach them to the warrant. (sec.37-ssec.9) Subsection (10) applies to a court if— an issue arises, in a proceeding in or before the court, whether a power exercised by an inspector was not authorised by a warrant issued under this section; and the warrant is not produced in evidence. (sec.37-ssec.10) The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.