sec.137Special warrants

### sec.137 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 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 ( 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 magistrate 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 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 to 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. 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 warrant. s 137 amd 2002 No. 25 s 12 (sec.137-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.137-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (sec.137-ssec.3) The inspector may apply for the warrant before the application is sworn. (sec.137-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy. (sec.137-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the magistrate 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 name; and the date and time the magistrate issued the warrant; and the terms of the warrant. (sec.137-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.137-ssec.7) The inspector must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form. (sec.137-ssec.8) On receiving the documents, the magistrate must attach them to the warrant. (sec.137-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 warrant. - (a) urgent circumstances; or - (b) other special circumstances, including, for example, the inspector’s remote location. - (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and - (i) what the terms of the warrant are; and - (ii) the date and time the warrant was issued; and - (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant. - (i) the magistrate’s name; and - (ii) the date and time the magistrate issued the warrant; and - (iii) the terms of the warrant. - (i) what the terms of the warrant are; and - (ii) the date and time the warrant was issued; and - (i) the magistrate’s name; and - (ii) the date and time the magistrate issued the warrant; and - (iii) the terms of the warrant. - (a) the sworn application; and - (b) if the inspector completed a warrant form—the completed warrant form. - (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and - (b) the warrant is not produced in evidence; and - (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.