sec.164Warrants—applications made other than in person

### sec.164 Warrants—applications made other than in person A shipping inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location. Before applying for the warrant, the inspector must prepare an application specifying the grounds on which the warrant is sought. The inspector may apply for the warrant before the application is sworn. If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the inspector, the magistrate must immediately fax the copy to the inspector. If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the inspector— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the date and time the warrant was signed; and record the reasons for issuing the warrant on the warrant; and the inspector must— complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. The facsimile warrant, or the warrant form properly completed by the inspector, is authority for the entry and the exercise of the other powers permitted by the warrant issued by the magistrate. The inspector must send to the magistrate— the sworn application; and if a warrant form was completed by the inspector—the completed warrant form. The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity. When the magistrate receives the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate. If— in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and the warrant is not produced in evidence; the court must presume the exercise of power was not authorised by a warrant unless the contrary is proved. (sec.164-ssec.1) A shipping inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location. (sec.164-ssec.2) Before applying for the warrant, the inspector must prepare an application specifying the grounds on which the warrant is sought. (sec.164-ssec.3) The inspector may apply for the warrant before the application is sworn. (sec.164-ssec.4) If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the inspector, the magistrate must immediately fax the copy to the inspector. (sec.164-ssec.5) If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the inspector— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the date and time the warrant was signed; and record the reasons for issuing the warrant on the warrant; and the inspector must— complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. (sec.164-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, is authority for the entry and the exercise of the other powers permitted by the warrant issued by the magistrate. (sec.164-ssec.7) The inspector must send to the magistrate— the sworn application; and if a warrant form was completed by the inspector—the completed warrant form. (sec.164-ssec.8) The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity. (sec.164-ssec.9) When the magistrate receives the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate. (sec.164-ssec.10) If— in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and the warrant is not produced in evidence; the court must presume the exercise of power was not authorised by a warrant unless the contrary is proved. - (a) urgent circumstances; or - (b) other special circumstances, including, for example, the inspector’s remote location. - (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 signed; and (iii) record the reasons for issuing the warrant on the warrant; and - (i) tell the inspector what the terms of the warrant are; and - (ii) tell the inspector the date and time the warrant was signed; and - (iii) record the reasons for issuing the warrant on the warrant; and - (b) the inspector must— (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. - (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and - (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. - (i) tell the inspector what the terms of the warrant are; and - (ii) tell the inspector the date and time the warrant was signed; and - (iii) record the reasons for issuing the warrant on the warrant; and - (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and - (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. - (a) the sworn application; and - (b) if a warrant form was completed by the inspector—the completed warrant form. - (a) in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and - (b) the warrant is not produced in evidence;