sec.185Special warrants

sec.185 Special warrants

An authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location. Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. The authorised person may apply for the warrant before the application is sworn. After issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is reasonably practicable to fax the copy. If it is not reasonably practicable to fax a copy to the authorised person— the magistrate must tell the authorised person— what the terms of the warrant are; and the date and time the warrant was issued; and the authorised person 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 authorised person, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form. On receiving the documents, the magistrate must attach them to the 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 185 ins 2001 No. 20 s 31 (sec.185-ssec.1) An authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location. (sec.185-ssec.2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (sec.185-ssec.3) The authorised person may apply for the warrant before the application is sworn. (sec.185-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is reasonably practicable to fax the copy. (sec.185-ssec.5) If it is not reasonably practicable to fax a copy to the authorised person— the magistrate must tell the authorised person— what the terms of the warrant are; and the date and time the warrant was issued; and the authorised person 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.185-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. (sec.185-ssec.7) The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form. (sec.185-ssec.8) On receiving the documents, the magistrate must attach them to the warrant. (sec.185-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.