11BIssuing warrants

11B. Issuing warrants

(1) In this regulation —

warrant means —

(a) an enforcement warrant issued under Part 3, 4 or 6 of the Act; or

(b) a warrant of commitment issued under Part 4 of the Act; or

(c) an arrest warrant issued under section 52Q(1)(b).

(2) The Registrar may issue an enforcement warrant to the Sheriff by issuing an electronic version of the warrant to the Sheriff by means of the ECMS.

(2A) The Magistrates Court may issue an arrest warrant under section 52Q(1)(b) to all members of the Police Force of Western Australia by issuing an electronic version of the warrant by means of the ECMS to an electronic system maintained by the Commissioner of Police for the management of the functions of the Police Force of Western Australia.

(3) The Magistrates Court may issue a warrant of commitment —

(a) to all members of the Police Force of Western Australia by issuing an electronic version of the warrant by means of the ECMS to an electronic system maintained by the Commissioner of Police for the management of the functions of the Police Force of Western Australia; and

(b) to the chief executive officer as defined in the Prisons Act 1981 by issuing an electronic version of the warrant by means of the ECMS to an electronic system maintained by that chief executive officer for the management of the functions of the department of the Government principally assisting the Minister with the administration of that Act.

(4) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, a warrant that must be signed by the Registrar or a magistrate is authenticated if —

(a) the Registrar or magistrate issues the warrant in an electronic form by means of the ECMS; and

(b) the electronic document identifies the Registrar or magistrate as the person who issued it.

(4A) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the requirement for the Sheriff to note the date and time on an enforcement warrant when it is received under section 68 of the Act is to be taken to be satisfied if —

(a) the Registrar issues the enforcement warrant to the Sheriff in an electronic form by means of the ECMS; and

(b) the record of the date and time of the Sheriff’s receipt of the electronic form is incorporated electronically in, or associated electronically with, the electronic form by means of the ECMS.

(5) A warrant issued under this regulation is to be taken to have been issued at the time and on the day when the whole warrant is available to a user of the system to which it is issued.