46Warrants—application made other than in person

46 Warrants—application made other than in person (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— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the inspector if it is reasonably practicable to do so.

Enforcement Part 6 Inspectors’ powers Division 6.2 Section 46 R23 23/02/26 Gas Safety Act 2000 Effective: 23/02/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If it is not reasonably practicable to provide a written copy to the inspector— (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the date and time the warrant was issued; and (b) the inspector must complete a form of warrant (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 warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the inspector’s powers under this part. (7) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the inspector completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) Unless the contrary is proven, a court must presume that a power exercised by an inspector was not authorised by a warrant under this section if— (a) the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence.

Part 6 Enforcement Division 6.2 Inspectors’ powers Section 47 page 36 Gas Safety Act 2000 Effective: 23/02/26 R23 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au