sec.139AElectronic application

### sec.139A Electronic application An application under section 139 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location. The application— may not be made before the inspector prepares a written application under section 139 (2) ; but may be made before the application is sworn. The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under this section; and the way the application was made was appropriate. After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information mentioned in section 139 (5) ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in section 139 (5) provided by the magistrate. The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 139 (2) ; and if the inspector completed a form of warrant under subsection (4) (b) —the completed form of warrant. The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court. Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original 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 warrant authorised the exercise of the power. This section does not limit section 139 . In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 . s 139A ins 2011 No. 18 s 379 (sec.139A-ssec.1) An application under section 139 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location. (sec.139A-ssec.2) The application— may not be made before the inspector prepares a written application under section 139 (2) ; but may be made before the application is sworn. (sec.139A-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under this section; and the way the application was made was appropriate. (sec.139A-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information mentioned in section 139 (5) ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in section 139 (5) provided by the magistrate. (sec.139A-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. (sec.139A-ssec.6) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 139 (2) ; and if the inspector completed a form of warrant under subsection (4) (b) —the completed form of warrant. (sec.139A-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court. (sec.139A-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original 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 warrant authorised the exercise of the power. (sec.139A-ssec.9) This section does not limit section 139 . (sec.139A-ssec.10) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 . - (a) urgent circumstances; or - (b) other special circumstances, including, for example, the inspector’s remote location. - (a) may not be made before the inspector prepares a written application under section 139 (2) ; but - (b) may be made before the application is sworn. - (a) it was necessary to make the application under this section; and - (b) the way the application was made was appropriate. - (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or - (b) otherwise— (i) the magistrate must tell the inspector the information mentioned in section 139 (5) ; and (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 139 (5) provided by the magistrate. - (i) the magistrate must tell the inspector the information mentioned in section 139 (5) ; and - (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 139 (5) provided by the magistrate. - (i) the magistrate must tell the inspector the information mentioned in section 139 (5) ; and - (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 139 (5) provided by the magistrate. - (a) the written application complying with section 139 (2) ; and - (b) if the inspector completed a form of warrant under subsection (4) (b) —the completed form of warrant. - (a) attach the documents to the original warrant; and - (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court. - (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and - (b) the original warrant is not produced in evidence;