sec.152ESpecial warrant

### sec.152E Special warrant An inspection officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspection officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspection officer’s remote location. Before applying for the special warrant, the inspection officer must prepare an application stating the grounds on which the warrant is sought. The inspection officer may apply for the special warrant before the application is sworn. After issuing the special warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspection officer if it is reasonably practicable to fax the copy. If it is not reasonably practicable to fax a copy to the inspection officer— the magistrate must tell the inspection officer— what the terms of the special warrant are; and the date and time the special warrant is issued; and the inspection officer 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 special warrant; and the terms of the special warrant. The facsimile warrant, or the warrant form properly completed by the inspection officer, authorises the entry and the exercise of the other powers stated in the special warrant issued. The inspection officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspection officer completed a warrant form—the completed warrant form. On receiving the documents, the magistrate must attach them to the special warrant. If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the 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 special warrant authorised the exercise of the power. s 152E ins 2003 No. 28 s 11 (sec.152E-ssec.1) An inspection officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspection officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspection officer’s remote location. (sec.152E-ssec.2) Before applying for the special warrant, the inspection officer must prepare an application stating the grounds on which the warrant is sought. (sec.152E-ssec.3) The inspection officer may apply for the special warrant before the application is sworn. (sec.152E-ssec.4) After issuing the special warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspection officer if it is reasonably practicable to fax the copy. (sec.152E-ssec.5) If it is not reasonably practicable to fax a copy to the inspection officer— the magistrate must tell the inspection officer— what the terms of the special warrant are; and the date and time the special warrant is issued; and the inspection officer 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 special warrant; and the terms of the special warrant. (sec.152E-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspection officer, authorises the entry and the exercise of the other powers stated in the special warrant issued. (sec.152E-ssec.7) The inspection officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspection officer completed a warrant form—the completed warrant form. (sec.152E-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant. (sec.152E-ssec.9) If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the 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 special warrant authorised the exercise of the power. - (a) urgent circumstances; or - (b) other special circumstances, including, for example, the inspection officer’s remote location. - (a) the magistrate must tell the inspection officer— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant is issued; and - (i) what the terms of the special warrant are; and - (ii) the date and time the special warrant is issued; and - (b) the inspection officer 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 special warrant; and (iii) the terms of the special warrant. - (i) the magistrate’s name; and - (ii) the date and time the magistrate issued the special warrant; and - (iii) the terms of the special warrant. - (i) what the terms of the special warrant are; and - (ii) the date and time the special warrant is issued; and - (i) the magistrate’s name; and - (ii) the date and time the magistrate issued the special warrant; and - (iii) the terms of the special warrant. - (a) the sworn application; and - (b) if the inspection officer completed a warrant form—the completed warrant form. - (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and - (b) the warrant is not produced in evidence;